logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2021.01.14 2020가단251162
손해배상
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 25, 2006 and October 16, 2006, the Plaintiff: (a) forged the power of attorney on September 25, 2006 in the Plaintiff’s name and each performance letter; (b) completed the registration of establishment of collateral security on the land and building of gas station E located in D and 3 lots located in the Plaintiff, and disposed of the real estate price; and (c) thereafter, the Plaintiff would transfer three real estate worth KRW 200 million, including the land of Gyeongjin-jin F, etc.

On the ground that the above E-owned land and building was transferred to Defendant C, but the ownership of the said three real estate was not transferred, Defendant C filed a complaint with Defendant C by forging a private document, uttering of the above investigation document, fraud, etc.

B. On December 30, 2008, Defendant B indicted the Plaintiff on the said complaint as a non-prosecution, and written the Plaintiff’s address in the indictment as “YY-gu Seoul”.

On September 20, 2006, the Plaintiff transferred the ownership of the land and building of the gas station owned by the Defendant C and the Defendant C as a broker of H, and the Plaintiff entered into an exchange contract with the effect that: (a) he transferred the ownership of the land and building located in Yeongdeungpo-gu Seoul Metropolitan Government owned by J to Defendant C; (b) Defendant C shall pay the difference of KRW 100 million to J; and (c) Defendant C shall pay the amount of KRW 230 million for L association loans borrowed by Defendant C as security for the land and building of the above E gas station; (b) KRW 240 million for the M of the Limited Company, KRW 520 million,00,000,000,000 for the total amount of KRW 520,000,000,000,000 for the loans of the first financial right; and (d) he/she shall obtain the exchange contract with the effect that the loan of the first financial right.

Since then, the plaintiff completed the registration of the transfer of ownership of the above E's land and building, and the above K's land and building, changed the authorization of the above E's gas station, and decided to comprehensively delegate the debt of KRW 520 million to the defendant C with the first financial right loan to the defendant C, and on September 25, 2006, "the power of attorney" to the defendant C with the name C, resident registration number N, address O, P, and so on.

arrow