(영문) 서울동부지방법원 2014.04.03 2013가단44141

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(영문) 서울동부지방법원 2014.04.03 2013가단44141

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On February 24, 2010, the Plaintiff and C delegated F (at the time, the Plaintiff deemed F as a certified judicial scrivener, but the Plaintiff had been employed in the Defendant B’s office from around 1986 to 1998, and did not have a certified judicial scrivener) with respect to the registration of the establishment of the neighboring real estate, when the Plaintiff offered D’s former domicile Nos. 1, 203 (hereinafter “instant real estate”) to C as security and lending KRW 30,000,000 to C.

B. On the same day, F prepared a certificate of seal impression, certificate of personal seal impression, copy of resident registration (the above certificate of personal seal impression and the above copy of resident registration are issued D himself/herself on the same day) and a certificate of registration of ownership of D on the instant real estate in Jung-gu Seoul Special Metropolitan City G, which was written by means of the Plaintiff, C, etc. again at the above restaurant or the above certificate of personal seal impression (the contents of which are delegated by the Plaintiff and D to Defendant B) and a certificate of mortgage contract on the instant real estate (the mortgagee, the debtor, C, the establisher of the right to collateral security, the maximum debt amount of debt amount of 36,00,000,000 won). The Plaintiff paid C the loan from that place to C as a loan.

C. At the time, C told F to the effect that “The instant real estate is the real estate under title trust with D, who is the owner of the instant real estate, for convenience, and D consented to offer the instant real estate as a security to the Plaintiff (C).” The F prepared a letter to F that “The instant real estate is the real estate under title trust with D, who is the owner of the instant real estate, for convenience, as the ownership of C),” and F is believed to have been delegated by D, and the F prepares a power of attorney and a written contract to establish a mortgage.

F shall be a certificate of personal seal impression around February 25, 2010.

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