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(영문) 대전고등법원 2018.01.11 2017나12644
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows. The reasoning of the judgment of the court of first instance cited in the main sentence of Article 420 of the Civil Procedure Act is as follows, with the exception of adding the judgment of the Defendants’ new or repeated arguments in the court of first instance as stated in paragraph (2) below.

2. Each of the “this Court” set out in Part 3, 4, 3, 4, 10, 12, 19, and 6, from Part 3 below, shall be deemed to be the “Sasan Branch of the Daejeon District Court”, respectively.

The appellate court of the above case in the 4th page 15 and 16 shall turn "the appellate court of the above case into "the above appellate court".

Part 6, each Note 1 "Plaintiff" shall be deemed to be "D".

Part 7, "Defendant" in Part 14 is changed to "Defendant B".

3. The addition;

A. 1) Defendant B: The cancellation of the registration of the establishment of a mortgage of this case was merely due to the Plaintiff’s negligence, which did not directly verify the intention of D as to the contract to establish a mortgage of this case. Thus, there is no causation between the Plaintiff’s damage caused by the cancellation of the registration of the establishment of a mortgage of this case and the Defendant B’s act of acting as an agent for the registration of the establishment of a mortgage of this case. (2) Although the contract to establish a mortgage of this case is valid as the act of expression of L by the presentation of D’s power, considering that D’s failure to assert it against the Plaintiff in the lawsuit filed against the Plaintiff, the Plaintiff’s negligence in the occurrence of the Plaintiff’s damage caused by the cancellation of the registration of the establishment of a mortgage of this case is more than

B. As to the Defendant B’s assertion, without clearly verifying the intent of Defendant B to file an application for registration, Article 51 of the Registration of Real Estate Act and the Regulations on the Registration of Real Estate.

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