손해배상(국)
1. The Defendant’s KRW 60,000,000 and the following day shall be 5% per annum from August 4, 2016 to February 9, 2017 to the Plaintiff.
1. Facts of recognition;
A. B’s ASEAN, without any authority, was introduced the F to serve as B by offering D Apartment Nos. 123 and 902 (hereinafter “instant apartment”) in the Suwon-si District owned by B as security and with intent to borrow money.
B. On April 7, 2011, F received four copies of the certificate of the personal seal impression issued under B in the name of B (hereinafter “instant certificate of the personal seal impression”) from a public official in charge of issuing the certificate of the personal seal impression of G community service centers affiliated with the Defendant.
C. On April 7, 2011, C borrowed KRW 50 million from the Plaintiff, and issued a forged mortgage contract and one copy of the certificate of the instant personal seal impression to the Plaintiff, and completed the registration of the establishment of a mortgage on the instant apartment on April 8, 2011. On May 25, 2011, C borrowed KRW 30 million from the Plaintiff, and issued a forged mortgage contract to the Plaintiff and issued one copy of the certificate of the instant personal seal impression to the Plaintiff on May 25, 201, and completed the registration of the establishment of a mortgage on the instant apartment.
On the other hand, around 2011, B asserted that the establishment registration of a neighboring mortgage was null and void, and filed a lawsuit against the Plaintiff seeking cancellation of the establishment registration of a neighboring mortgage (U.S. District Court 201Gadan90978) and won a favorable judgment on April 5, 2013. The above judgment was dismissed, and it became final and conclusive on February 24, 2015, and each of the above root establishment registration was revoked in accordance with the above final and conclusive judgment on March 12, 2015.
E. In the case of Seoul Northern District Court 2015 Gooman2347, C was sentenced to 10 months of imprisonment, F was sentenced to 8 months of imprisonment, and 2 years of suspended execution. C was sentenced to 1 year and 6 months of imprisonment at the appellate court (North Northern District Court 2016No2).
[Ground of Recognition] Facts without dispute, entry in Gap's 1 to 6, 11 (including paper numbers), and arguments.