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(영문) 수원지방법원 2016.03.29 2014가합72824
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 29, 2011, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring land of this case”) was completed on July 29, 201 with respect to the registration of the establishment of a neighboring land of KRW 390,000,000 with respect to the Plaintiff, the debtor, and the maximum debt amount of KRW 390,000,000 with respect to D forest land, E forest land, KRW 3,018, and F forest land (hereinafter “each of the instant land”).

B. The Defendant, as a certified judicial scrivener, represented the registration application affairs in the process of establishing a mortgage of the instant case.

At the time, the defendant prepared and submitted to the registrar a confirmation document confirming that the person liable for registration was delegated by C himself, and the seal affixed on the letter of confirmation was not the fingerprint of C, but the other person.

C. C filed a lawsuit against the Plaintiff seeking registration of cancellation of the establishment registration of the creation of the neighboring land of this case (U.S. District Court 2013Gadan29420, hereinafter “instant cancellation registration lawsuit”) with H (the person who purchased land D and F among each land of this case and completed the registration of transfer of ownership in the future).

On October 10, 2014, while the lawsuit was pending, the Plaintiff cancelled all the registration of the establishment of the instant root, and C and H withdrawn the said lawsuit against the Plaintiff on November 5, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 6 and 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant, a certified judicial scrivener, did not properly verify whether the official seal affixed to the confirmation document in the process of registering the establishment of the instant facilities, and submitted the confirmation document signed by another person, other than fingerprint C, and filed an application for registration.

Since the registration of the establishment of the instant facilities cannot be cancelled due to the defects in the above registration application documents, the Plaintiff cancelled the registration of the establishment of the instant facilities.

B. The plaintiff has a security interest due to the defendant's above illegal act.

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