Text
The plaintiff's claim is dismissed.
Costs of lawsuit shall be borne individually by each person.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the business of cultivating and distributing agricultural products and the business of manufacturing and selling processed agricultural products, and the Defendant is a certified judicial scrivener who operates a certified judicial scrivener office.
B. 1) In order to secure the claim for the price of goods against D amounting to KRW 230,000,000, the Plaintiff agreed to receive each real estate listed in the separate list in the name of Nonparty E (hereinafter “each of the instant real estate”) from D as collateral.
2) On May 9, 2014, the Plaintiff completed the registration of establishment of the right to collateral security (hereinafter “registration of creation of the right to collateral security”) with the maximum amount of KRW 400 million on the grounds of a contract concluded on May 9, 2014, which was received by the Goyang-gu District Court, Goyang-gu District Court No. 31388, May 9, 2014, and May 9, 2014. The Plaintiff was delegated by the Korean Certified Judicial Scriveners Office operated by the Defendant with the duties of establishment of the right to collateral security and carried out the duties of F and G of the said office.
3) Meanwhile, on June 12, 2014, the registration of cancellation of the instant establishment of the right to collateral security was completed on the ground of the receipt of the Goyang-gu District Court of the Goyang-dong registry office of the Goyang-gu District Court on the instant real estate by the High Court No. 39692, Jun. 12, 2014, and June 11, 2014, F and G handled the affairs of cancelling the registration of the establishment of the right to collateral security.
(c)
1) The Plaintiff had forged documents to cancel the registration of the establishment of the right to collateral security without his/her consent and cancelled the registration of the establishment of the right to collateral security.
The defendant also filed a complaint with D on the suspicion of forging a private document, and on the suspicion that the defendant did not confirm the intention of cancellation of the right to collateral security and did not act as a certified judicial scrivener in collusion with D and used the forged private document.
2) A public prosecutor affiliated with the Daegu District Public Prosecutor’s Office shall investigate the case at issue on September 12, 2017 against D and the Defendant after conducting the investigation.