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(영문) 수원지방법원안양지원 2017.07.19 2016가단19518
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 August 13, 2005, the Defendant, who entered into a land sales contract on behalf of his mother, purchased, respectively, 661.16 square meters from among the same land in the same land on August 31, 2005, 582 square meters, and 661.16 square meters from the same land on August 11, 2005, referring to the same Dong, Subdivision, and land category, when referring to the land related to 2,132 square meters (hereinafter referred to as “E”).

B. On the other hand, while the instant mortgage creation registration was completed, E, a building permit was granted to construct four buildings on the said ground along with the neighboring I forest 299 square meters, J forest 131 square meters, K forest 1,11 square meters, and Lbubing 660 square meters, the land category of each land is divided and divided, and each registration of ownership transfer was completed for the land purchased by the Defendant, F, G, and H, only when the entire construction is completed.

Accordingly, the Defendant, F, G, and H completed the establishment registration of a mortgage with respect to the amount of KRW 1 billion in maximum debt amount, Defendant D, and the purchaser of a collective security right (C, F, G, and H) on November 13, 2006, as the registry office for the branch court of Sung-nam branch in the Suwon District Court, in order to secure the right to claim for the refund of the purchase-price if the registration of ownership is not possible as above.

(hereinafter “instant collateral security”). C.

G on May 16, 2007, G, H, and H purchased 36 square meters from Defendant D’s forest land, 511 square meters from L’s land and its ground, and 131 square meters from J forest. On the other hand, G, H, and H decided to return to Defendant D the entire land purchased as above in lieu of partial payment of the purchase price.

Accordingly, G and H decided to cancel the instant right to collateral security with Defendant D, and to set a new right to collateral security with respect to L site and its ground buildings.

The Plaintiff, who is an employee of a certified judicial scrivener office, who cancelled the instant right to collateral security, shall be liable for registration in order to cancel the instant right to collateral security at the office run by D around June 22, 2007.

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