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(영문) 서울고등법원 2015.07.09 2015나2001077

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff, as a certified judicial scrivener, was operating a certified judicial scrivener office in Gyeonggi-gun D (hereinafter “instant certified judicial scrivener office”) from July 1, 2002 to January 1, 2008.

From January 13, 2003 to December 31, 2007, Defendant B served as the secretary of the certified judicial scrivener office of this case, and Defendant C as the secretary of the certified judicial scrivener office of this case from October 11, 2002 to December 31, 2007.

B. At around 17:40 on June 30, 2006, E requested the application for the registration of the establishment of a neighboring mortgage and the occurrence of dispute (1) E, a gold day, issued documents necessary for the application for the registration of the establishment of a neighboring mortgage to F, who worked as an office member of the instant certified judicial scrivener office, with respect to the amount of 3,183 square meters (hereinafter “related real estate”) owned by the Standing Director of the Plaintiff, G in the Gyeonggi-gun-gun, Inc. (hereinafter “Standing Construction”), the maximum debt amount of which is KRW 70 million, the ordinary construction of the debtor, and the registration of the establishment of a neighboring mortgage,

(2) At the time of the construction of the executive director, the person liable for registration did not coincide with the address on the real estate register and the corporate register of the executive director, and on July 3, 2006, the F did not confirm it and filed an application for the registration of the establishment of a neighboring mortgage with the Suwon District Court (hereinafter “instant application for registration”).

(3) In the process of examining the documents attached to the instant application for registration, the said female registry officer found that the address and address on the register of the regular construction’s real estate register were different from that on the register of the regular construction’s real estate register, and registered the ground for correction with the Internet registry office around July 3, 2006.

(4) However, while the F did not verify the above grounds for correction in the application for the registration of this case, another certified judicial scrivener entrusted by H with the registration of the establishment of a neighboring real estate with the registration of the establishment of a real estate related to H on July 4, 2006, upon the application for the change of the indication of the registered titleholder whose domicile was changed in the address on the register of real estate of the regular construction of the