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(영문) 서울중앙지방법원 2020.02.14 2018가단5240151
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a company that is engaged in real estate sales agency business.

The defendant worked for the plaintiff company from March 30, 2015 to May 4, 2016.

C requested the Plaintiff to sell a parcel-out agency with respect to D 1,025 square meters (hereinafter “D land before subdivision”) in the land owned by Sungsung-si, and the Plaintiff decided to divide E, E, 341 square meters and F, 343 square meters (hereinafter “each of the above land”) from D land before subdivision and sell it to the other.

According to the Plaintiff’s vicarious sale of lots, on May 13, 2015, a contract was concluded between C and G under which C sells 109/341 shares of the E land to be subdivided from D before subdivision at KRW 42.9 million to G (hereinafter “instant contract”).

The Plaintiff’s agency divided E’s land and F’s land from D’s land before subdivision on June 2, 2015, and as such, D’s land area became 341 square meters (hereinafter “D’s land after subdivision”).

After that, the Plaintiff filed an application for ownership transfer registration on behalf of a certified judicial scrivener H through a certified judicial scrivener H, and on January 22, 2016, the ownership transfer registration (hereinafter “instant registration”) was completed on behalf of G with respect to the portion of D 109/341 out of the land subject to the instant contract, not shares of 109/341, out of E land subject to the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 4-2, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is the head of the Plaintiff’s registry team and the Plaintiff Company directly prepared documents necessary for the procedure for the registration of ownership transfer concerning the real estate entrusted by the Plaintiff Company as a sales agent and delivered them to a certified judicial scrivener. As such, the competent certified judicial scrivener H should have accurately informed him of “E” as the parcel number of the subject matter of registration in relation to

Nevertheless, the defendant, at the time of the application for the registration of this case, makes oral statements with the staff in charge of the certified judicial scrivener office.

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