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(영문) 울산지방법원 2015.08.06 2014가합6912
손해배상(기)
Text

1. Defendant D’s KRW 142.5 million to Plaintiff A, KRW 522.5 million to Plaintiff B, and KRW 335 million to Plaintiff C, and the above amount.

Reasons

1. Basic facts

A. Defendant E is a certified judicial scrivener who has been engaged in the real estate registration agency business from around 2001. 2) Defendant E is the owner of Gangseo-gu Busan Metropolitan Government G 800.5 square meters (hereinafter “instant land”). Defendant D is the owner of the said land, and Defendant D is one of its own land, and is a person who borrowed money from the Plaintiffs and run away.

B. On November 28, 2013, F recommended the sale of the instant land from H, a real estate broker, and met Defendant D, etc. upon visiting the real estate brokerage office run by H, with a certificate of personal seal impression issued by his/her own resident service center at the Busan Seo-gu Office, Busan. H obtained and copied F’s resident registration certificate in the process of negotiating a sales contract for the instant land, and had Defendant D verify F’s personal seal impression. 2) Defendant D conspired to obtain a loan of the instant land as collateral, and forged F’s resident registration certificate and his/her personal seal impression as of November 28, 2013.

Defendant D knew of the Plaintiffs through the introduction by loan brokers J, K, L, etc., and agreed to borrow KRW 1 billion from the Plaintiffs as collateral the instant land. On December 5, 2013, Defendant D delegated the registration of establishment of a neighboring land to Defendant E, along with the Plaintiffs and loan brokers, at a certified judicial scrivener office operated by Defendant E. on December 5, 2013.

3) As a result of Defendant E’s receipt of registration documents, such as a written mortgage contract, which was prepared by M& who had worked as an office clerk under the direction and supervision of Defendant E, with the Busan District Court’s Gangseo-gu registry office, the registration of the establishment of mortgage over the instant land was completed on December 5, 2013 (hereinafter “instant collateral security”) due to the debtor FF, the mortgagee, the maximum debt amount, 1.5 billion won.

(C) Defendant D (i) borrowed money from the Plaintiffs to Defendant D with the interest rate of 2.5% per month at the above certified judicial scrivener office on December 5, 2013.

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