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(영문) 대구지방법원상주지원 2015.02.05 2014가합433
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A shall be KRW 240,000,000 and 20% per annum from November 6, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant A as a member of the clan of the clan C (hereinafter “instant clan”), and the fact was that Defendant A appointed Defendant A as the representative of the said clan, applied for the registration of correction of the name of each of the real estate listed in the separate sheet on behalf of the said clan (hereinafter “each of the real estate of this case”) and sold each of the real estate of this case on behalf of the said clan, although there was no resolution of the said clan that each of the instant real estate was sold, Defendant A prepared the minutes of the special clan on September 21, 2007, “the minutes of the general clan as of September 21, 2007,” as if the above resolution was made on September 21, 2007, and forged the minutes of the said general clan by stating “D, E, F, H, I, and J” in the name column of the members of the said general clan, and affixing affixed the seals of the said persons who had been kept in custody by the name of each of the said clan.

B. After that, on September 27, 2007, Defendant A, based on the minutes of the extraordinary general meeting of the clan of this case forged as above, sold the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “the real estate No. 1 of this case”) to Korea Tourist Land Development Corporation (hereinafter “Korea Tourism Land Development”), each of the real estate listed in the attached Tables No. 2 through 4 (hereinafter “the real estate No. 2 of this case”) to L, and on November 9, 2007, delegated the registration of ownership transfer of each of the real estate of this case to Defendant B, a certified judicial scrivener, by presenting the minutes of the extraordinary general meeting of the same clan of this case.

C. Around November 9, 2007, Defendant B prepared and printed out minutes of an extraordinary general meeting with similar contents based on the minutes of the said extraordinary general meeting forged by Defendant A’s own pen at his office in a computer; Defendant B filed an application for registration of the change of the indication of each of the instant real estate in the name of “C” with respect to each of the instant real estate based on its minutes, and then filed an application for registration of the change of the indication of the registration titleholder in the name of Korea Tourism Land Development.

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