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(영문) 서울중앙지방법원 2016.01.22 2015가합7942
손해배상(기)
Text

1. The Defendants jointly share KRW 167,712,152 to the Plaintiff, and as to this, the period from July 20, 2012 to January 22, 2016.

Reasons

1. Basic facts

A. The Plaintiff lent a total of KRW 200 million to D until March 2011.

On July 2012, the Plaintiff decided to lend KRW 60,000,000 to D as collateral real estate owned by D.

B. On July 13, 2012, D drafted a loan certificate (Evidence A2) stating that “20 million won shall be repaid until July 13, 2014, and interest shall be two copies per month and five copies per month,” to the Plaintiff.

C. On July 13, 2012, the Plaintiff delegated Defendant B, a certified judicial scrivener registered with the Defendant Korean Certified Judicial Scriveners Association (hereinafter “Defendant Association”), to set up a maximum debt amount of KRW 338,00,000 on the real estate owned by D, and paid KRW 1,50,000 on July 17, 2012.

Defendant C, which is the administrative affairs of Defendant B, applied for the registration of establishment of a mortgage in the name of the Plaintiff in the name of the maximum debt amount of KRW 338,00,000 on the real estate owned D with the registration of the Seoul Southern District Court on July 18, 2012 (Demand Date), but was ordered to make correction.

E. On July 20, 2012, Defendant C withdrawn the instant first application for registration from the Seoul Southern District Court’s registration, and filed an application for registration of creation of a mortgage in the name of the Plaintiff (hereinafter “instant second application for registration”) with respect to the maximum debt amount of KRW 338,000,000 with respect to KRW 1/2 shares among housing and stores located in Yangcheon-gu Seoul, Yangcheon-gu, E, F ground, 119 square meters, and KRW 10 square meters in G (hereinafter collectively referred to as “each of the instant real estate”).

F. However, immediately before the application for the second registration of the instant real estate, the application for registration was filed by ①, ③ real estate, and other real estate owned by H, as joint collateral, with the maximum debt amount of KRW 585,00,000, and the debtor H and a mortgagee of the New Saemaul Bank of Korea, which had been filed for the registration of

G. Accordingly, with respect to each of the instant real estate, the right to collateral security (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) was terminated on July 20, 2012, under the name of the Plaintiff.

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