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(영문) 수원지방법원 2017.12.14 2016나73207
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. 1) Defendant B is a certified judicial scrivener, and Defendant C is an office worker of Defendant B. 2) The Plaintiff is the owner of the D Building 301 (hereinafter “instant real estate”) in Mapo-si, Militarypo-si, and E is the father and wife of the Plaintiff.

B. 1) To obtain a loan from the Plaintiff as collateral for real estate owned by the Plaintiff, E obtained a certificate of loan from the Plaintiff to obtain a deposit account passbook in the name of the Plaintiff, cash card, the Plaintiff’s resident registration certificate and abstract, resident registration certificate, December 18, 2013, the certificate of personal seal impression issued on December 26, 2013, and the certificate of personal seal impression issued on December 26, 2013. 2) On December 26, 2013, E prepared a certificate of loan from F to borrow KRW 50,00,000 from the broker.

E In order to secure F’s above obligation, the Plaintiff forged each of the delegation by the Plaintiff to a certified judicial scrivener of the establishment of a collateral with respect to the instant real estate, with the content that the Plaintiff created a collateral with the maximum debt amount of KRW 75 million with respect to the instant real estate.

F on December 27, 2013, the Plaintiff designated by E transferred KRW 10 million out of the loans on the above loan certificate to the account of the Plaintiff’s community credit cooperatives.

3) The G of the said intermediary company entrusted Defendant B, a certified judicial scrivener, with the registration of the establishment of a neighboring mortgage in the name of F concerning the instant real estate. Defendant C, which is the administrative affairs of Defendant B, discovered that the debtor of the application document for registration and the penology of the instant real estate owner were similar to that of the instant real estate owner, and attempted to communicate with the Plaintiff, but did not reach a telephone call. The defect that was found that G did not confirm its intent because it did not contact with the Plaintiff, and that G was unable to prepare a written confirmation as it was impossible to confirm its intention, and that G had already transferred the loan amount of KRW 10 million to the Plaintiff, and therefore, the application for registration of the establishment of a neighboring mortgage in the name of F was received to the registry.

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