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(영문) 의정부지방법원 2015.10.13 2015가단103029
보증금반환
Text

1. The Defendants jointly share KRW 150,000,000 to the Plaintiff and Defendant A with respect thereto from March 12, 2015.

Reasons

1. Facts of recognition;

A. Defendant A is a certified judicial scrivener, and Defendant A is the Korean Certified Judicial Scriveners Association (hereinafter “Defendant Association”).

(2) Under Article 67 of the Certified Judicial Scriveners Act, the Defendant Association is a juristic person established pursuant to the Certified Judicial Scriveners Act, and B is a partner of the Defendant A’s office operated by the Defendant A, and has been in office as an employee of the A’s office. The Defendant Association established a provision on a compensation deduction with the effect that “if a member causes property damage to the mandator by intention or negligence in the performance of his/her duties, he/she shall pay the amount of the said mutual aid money to the mandator (Article 11(1) of the Compensation for Damages) within the limit of KRW 200 million per member (Article 11(2) of the above Regulation).”

3) At present, Defendant A is currently admitted as a member of the Defendant Association’s Compensation Mutual Aid Association. (B) On November 18, 2010, the Plaintiff kept the remainder of KRW 150 million with the Defendant’s office entrusted with the registration of transfer of ownership of the said real estate at the time of the transfer of the ownership of the said real estate, and the Plaintiff entered into a real estate sales contract with Nonparty A’s office with the purchase price of KRW 27,471 square meters of the said forest land (the forest land was later divided into E-F on January 24, 2011) from the non-party clan for KRW 170,000,000.

2) The plaintiff and the non-party clan shall prepare the above sales contract at the office of the defendant A certified judicial scrivener and delegate the registration of ownership transfer of the above real estate to the office of the defendant A certified judicial scrivener, and shall be KRW 150 million agreed upon in the above special contract (hereinafter referred to as the "deposit

at the time of Defendant A’s secretary B.

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