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(영문) 대법원 2015.11.26 2013다18349

손해배상(기)

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment as to the Defendants’ negligence, etc., the lower court acknowledged the facts indicated in the reasoning of the lower judgment based on the adopted evidence, and determined that Defendant D’s failure to verify the identity of Defendant D’s official seal in the presence of attendance at the bar office, etc. without having the person responsible for registration attend the bar office, etc. and without having received a written notice of completion of registration or completion of registration, and thus, in order to file the instant application for registration on behalf of E, Defendant D should prepare and submit the confirmation document under Article 49(1) of the former Registration of Real Estate Act (amended by Act No. 8435, May 17, 2007; hereinafter the same shall apply) to the competent registry. Defendant D made the confirmation document of this case by proxy to F, the office manager, in preparing the confirmation document of this case, on behalf of F, in the process of confirming the identity of Defendant D’s official seal in the presence of attendance at the bar, and without having the person responsible for registration attend the Plaintiff’s office, etc.

In addition, the court below shall examine whether documents necessary for the application for registration under Article 40 of the former Registration of Real Estate Act are properly attached, and whether documents are mutually placed pursuant to Article 55 of the same Act. If necessary documents are not furnished, the applicant is required to dismiss the application for registration unless the defect can be corrected and the applicant makes correction within a relatively short time on the day, and the person liable for registration is a foreign nationality Korean, that is, the person liable for registration.