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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from May 24, 2017 to the date of full payment.
Reasons
1. Basic facts
A. B is a certified judicial scrivener, and C works as a certified judicial scrivener in B's office as a partner.
B. In order to guarantee liability for damages of a certified judicial scrivener under Article 26 of the Certified Judicial Scriveners Act pursuant to Article 67(1) of the Certified Judicial Scriveners Act, the defendant has a damage compensation mutual aid association.
B is a member of the Damage Compensation Mutual Aid Association under the defendant.
C. The land in this case (hereinafter collectively referred to as the “instant land”) was owned by the network I, namely, D, E, F3 lots, the Hancheon-si, Seocheon-si G and H2 lots (hereinafter collectively referred to as “the instant land”).
J, C, and B, around December 2014, the certified judicial scrivener office of B stated that “The Plaintiff was delegated with the authority to dispose of the instant land from the deceased I’s heir. It may transfer the instant land to the Plaintiff at a level lower than the officially announced land price.”
Accordingly, around December 2014, the real estate sales contract was prepared between “K Agency C, the deceased I’s inheritance disposition delegate C,” and the Plaintiff with respect to the instant land as KRW 2,600,000,000, and among them, KRW 200,000 shall be paid to the seller for the contract deposit and the inheritance registration expenses, and the remainder KRW 2,400,000 shall be paid within two months from the date the registration of transfer is completed.
On December 26, 2014, the Plaintiff paid KRW 100,000,00 to B via L.
E. Around October 22, 2015, the Plaintiff filed a complaint against J, C, B, and K on the charge of fraud.
J, C, and B were indicted on April 25, 2016 by the Incheon District Court 2016 High Court Decision 2016Ra2004, and the summary of the facts charged was that the Defendant was not delegated the right to dispose of the land from the deceased I’s successors, and not only did the inheritance registration have been made to the successors of the land of this case but also the inheritance registration can not be made because some successors reside in the United States, etc. have not resolved any problems arising from inheritance.