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(영문) 서울중앙지방법원 2016.06.02 2015가합567390
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From June 8, 2011 to January 10, 2013, the Plaintiff lent a total of KRW 62.5 million to C.

B. On August 14, 2013, the Plaintiff: (a) between C and C, with a view to securing the Plaintiff’s above loan claims and D and E’s loan claims against C; (b) the mortgagee of the right to collateral security regarding Article 211, Dong 1203, Gangnam-gu Seoul, Seoul (hereinafter “instant apartment”); and (c) agreed to set the second priority collateral security with the maximum debt amount as KRW 600 million; and (d) registered the establishment of the right to collateral security in the name of the Plaintiff with respect to the said apartment on the same day.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) C.

C around June 1, 2015, around June 1, 2015, the Defendant, a certified judicial scrivener, obtained the Plaintiff’s consent to the cancellation of the instant mortgage. As the Plaintiff applied for the cancellation of the registration of the establishment of the instant mortgage, the Plaintiff issued the registration certificate in the name of the Plaintiff as to the instant mortgage, which was kept in his custody.

The Defendant trusted the foregoing horses in C, and did not ask the Plaintiff whether otherwise consented to the cancellation of the instant mortgage, or whether the Defendant intended to delegate the registration of cancellation of the registration of the establishment of the instant mortgage to the Defendant, and applied for the registration of cancellation of the registration of the establishment of the instant neighboring mortgage. Accordingly, on June 1, 2015, the instant right to collateral security was cancelled.

E. On the same day, the registration of the establishment of a mortgage in G name with the debtor C and the maximum debt amount of KRW 60 million was completed with respect to the instant apartment, and on June 3, 2015, the provisional registration of the transfer of ownership was completed under H’s name.

F. On June 1, 2015, the date when the establishment registration of the instant neighboring apartment was cancelled, the amount of the secured debt of the Daea Credit Cooperatives, which was the senior mortgagee on the instant apartment as of June 1, 2015, was KRW 415,640,378.

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