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(영문) 서울중앙지방법원 2016.09.07 2015가단5008950
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff, who was the married couple, had several disputes before the filing of the instant lawsuit between the defendant B, who was the married couple, and the reasons are as follows.

On February 14, 2008, the Plaintiff knew of the Defendant C and his husband, who is the husband of the Defendant C, delegated the business of receiving the successful bid of the said auction subject matter in the voluntary auction procedure commenced to the Seoul Central District Court E on February 14, 2008 with respect to the apartment house No. 2 (hereinafter “D apartment house”).

Accordingly, from October 15, 2009, Defendant B was conducting an auction as the Plaintiff’s agent from around October 15, 2009, and the Plaintiff acquired ownership by receiving a successful bid for D tenement on June 4, 2010.

Defendant B conducted a series of procedures related to D tenement as the Plaintiff’s agent, such as bid for Down Housing, payment of purchase price, application and execution of order for delivery of real estate, and subsequent acceptance and lease contract of the said apartment house.

B. However, on December 14, 2009, Defendant B issued, on behalf of the Plaintiff, a promissory note with a face value of KRW 30 million on behalf of the Plaintiff, the Plaintiff, Defendant B, and then drafted a notarial deed to recognize compulsory execution based on the aforesaid promissory note money claim.

On March 28, 2012, the Plaintiff prepared the above notarial deed against Defendant B using the Plaintiff’s certificate of seal impression and certificate of personal seal impression, and blank delegation in the Plaintiff’s name without authority. Thus, on the ground that the above notarial deed was null and void, the Seoul Central District Court filed a lawsuit of objection under the Seoul Central District Court Decision 2012Da75619 (hereinafter “instant case of objection”). On February 6, 2014, the court of first instance appears to have prepared the above notarial deed by using the Plaintiff’s certificate of personal seal impression and certificate of personal seal impression that Defendant B obtained from the Plaintiff to act on behalf of the Plaintiff in the auction procedure, and otherwise, on the preparation of the above notarial deed from the Plaintiff.

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