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(영문) 서울서부지방법원 2016.04.20 2015가단223032
손해배상 등
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 54,650,136; and (b) KRW 15% per annum from July 22, 2015 to the date of full payment.

Reasons

Basic Facts

In the Guri-si, Dari-si, 102 (hereinafter “instant real estate”) owned the D Regional Housing Association, and Defendant B was a person who actually served as a representative of D Regional Housing Association, and Defendant A allowed Defendant B to use his name as a representative of D Regional Housing Association.

On June 14, 2010, Defendant B, who had resided in the instant real estate by the lessee E, proposed to the Plaintiff “the details of the move-in household perusal (including the moving-in household perusal)” (hereinafter “the details of the move-in household perusal”) regarding the instant real estate prepared by the Guri-si F community service center, while the lessee was able to withdraw from the instant real estate. The details of the move-in household perusal stated “the head of the relevant address does not exist.”

On June 14, 2010, the Plaintiff trusted the details of the instant transfer household inspection, and completed the registration of establishment of a political party consisting of the obligor G and maximum debt amount of 143,000,000 won (hereinafter “registration of establishment of a neighboring political party”) with respect to the instant real estate, and lent KRW 110,000,000 to G.

When Defendant B filed an application for the content of the transfer household inspection of the instant real estate under the name of the regional housing association, the content of the transfer household inspection of the instant real estate was prepared by mistake by the Guri-si community service center, which was managed as H, rather than by the name registered in the registry or building registry of the instant real estate, rather than by the name registered in the registry or building registry of the instant real estate, which was covered by the outer wall of the instant real estate. In fact, E continued possession of the instant real estate as a lessee.

In the case of an auction of the I real estate rent, which was commenced upon the request of the Plaintiff due to the nonperformance of G, the Plaintiff is the right of preferential reimbursement of KRW 60,000,000 prior to the Plaintiff.

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