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(영문) 서울고등법원 2016.09.22 2016나2024251
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 29, 2011, the registration of establishment of a mortgage (hereinafter collectively referred to as the “registration of establishment of a mortgage”) with respect to the Plaintiff, the debtor, G, the maximum debt amount of claims KRW 390,000,000 on July 29, 201 with respect to the establishment of a mortgage (hereinafter collectively referred to as the “registration of establishment of a mortgage”) with respect to the land owned by the Dong C [The Dong C died on November 13, 2014, approximately twenty (20) days before the filing of the instant lawsuit] was completed on July 29, 201.

B. The Defendant, as a certified judicial scrivener, represented the registration application affairs in the process of establishing a mortgage of the instant case.

At the time, the Defendant: (a) prepared a “written confirmation” to confirm that he was delegated by the person liable for registration who was responsible for registration; and (b) submitted it to the registrar; and (c) the seal affixed on the letter letter letter to be stamped was a person other than the net C

C. At the time of the application for the registration of the establishment of a neighboring mortgage in the name of the network C, a written notification of the establishment of a collateral security contract, a written application for the establishment of a collateral security, a power of attorney against the Defendant, a certificate of personal seal impression C of the network C, a copy of a resident registration certificate, and a copy of a resident registration certificate was attached. After the establishment of a neighboring mortgage in the instant case,

The deceased C filed a lawsuit against the Plaintiff seeking registration of cancellation of the establishment registration of the creation of the neighboring land of this case (U.S. District Court 2013Gadan29420, hereinafter “instant cancellation registration lawsuit”) with H (the person who purchased land D and F among each land of this case and completed the registration of transfer of ownership in the future).

On October 10, 2014, while the lawsuit was pending, the Plaintiff cancelled all the registration of the establishment of the instant root, and the net C and H withdrawn the said lawsuit against the Plaintiff on November 5, 2014.

E. On the other hand, "I deceptions the net C, similar to this case, to own real estate.

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