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(영문) 서울고등법원 2014.10.30 2013나2021411
손해배상(기)
Text

1.(a)

Of the judgment of the first instance, the part against the plaintiffs ordering payment shall be revoked.

B. The defendant is the plaintiff.

Reasons

1. Basic facts

A. The plaintiffs are financial institutions that engage in such activities as deposit and lending for the members who paid their contributions, and the defendant is a local government that has made the issuance of a certificate of seal imprint as part of its duties.

B. The instant certificate of personal seal impression issued by the public official A, etc. and the Defendant’s illegal acts is issued. Nonparty A, B, C, and D (hereinafter “A, etc.”)

A) The Plaintiff conspired to obtain a fraudulent loan from the bank on the ground that the same real estate as the loan of bank rights would be well-grounded and false real estate owners. On September 2010, 2010, A et al., in the process of physical display of adequate real estate, the Plaintiff, etc. is the land of this case, “the land of this case” which is 5,256 square meters (hereinafter referred to as “Woo-gu”).

(1) On November 2010, 2010, the first police officer determined G (hereinafter referred to as “G false-person”) as the subject real estate, and engaged in Galination, the owner of the instant land.

(2) A forged a resident registration certificate in the name of G in a forged name (hereinafter referred to as “a forged resident registration certificate”) by means of forging and attaching a photograph of a misrepresentation person. The Chinese name is written as “M” differently from “L” as a real resident registration certificate, which is the former resident registration certificate, and the N was written differently by either “N”.

3) On November 15, 2010, A, etc.: (a) had a false Gperson enter into G with a public official belonging to the Defendant, who is in charge of issuing a certificate of the personal seal impression at the 1-dong community service center in the Defendant’s jurisdiction; (b) had him/her file an application for a certificate of the personal seal impression in G with a forged resident registration certificate; (c) H compared the face of the false person, the forged resident registration certificate presented by his/her false person; and (d) G’s photograph appearing on the screen of the system for issuing the certificate of the personal seal impression; and (c) confirmed that the applicant

The certificate of seal imprint was issued and signed by G falsely in the issuance ledger.

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