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(영문) 부산지방법원 2019.10.16 2019나48998
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. B as of February 24, 1982, as the owner of the building site and its ground (hereinafter “instant real estate”) in Nam-gu, Busan (hereinafter “instant real estate”).

7. 12.12. The debtor completed the registration of creation of a mortgage with each of the F and the maximum debt amount of KRW 60 million and KRW 30 million against D Co., Ltd. (hereinafter referred to as the “NE”).

B. The Plaintiff purchased the instant real estate from B and completed the registration of ownership transfer on August 12, 1983.

C. On August 16, 1983, the non-party bank filed an application for voluntary auction with the Busan District Court G on the 18th day of the same month, and completed the registration of transfer of ownership in the name of the non-party bank on January 6, 1984 concerning the instant real estate on October 6, 1984, after receiving a successful bid decision on October 20, 1983 at the auction procedure (hereinafter “instant auction procedure”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 and 7 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was 4 days after the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff with respect to the instant real estate, the Plaintiff’s owner of the instant real estate forged a false copy of the register entered as B, and the Plaintiff instigated public officials belonging to the Nam-gu Office of Busan and caused public officials to arbitrarily discard the copy of the building ledger of the instant real estate, and issued a false copy of land cadastre without the entry of the nominal owner of the instant real estate to the Nonparty bank.

The non-party bank shall apply for an auction on the real estate in this case with a forged copy of the register and a copy of land cadastre as above and obtain the ownership by winning a successful bid in its name, and further, it shall obtain a favorable judgment in the lawsuit, such as the Busan District Court 86Gahap2808 building name map.

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