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(영문) 서울고등법원 2016.10.27 2016나2041027
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (Representative D; hereinafter “C”) on the land owned by B

B) As to the Plaintiff, if the Plaintiff was provided with a security and supplied oil equivalent to the value within the scope of the secured value, the Plaintiff traded the following month’s oil payment. (2) If the Plaintiff had no property to be provided as security, E, etc., which was in the position of the vice president of D and C, did not have any property to be provided as security, the Plaintiff forged B’s resident registration certificate using G’s resident registration certificate, in collusion with G (1949 students) in collusion with G (1949) by setting up a false collateral security on the land of Pyeongtaek-siF Forest and 27,047 square meters (hereinafter “instant land”).

3) G shows the forged B’s resident registration certificate to the employee of the community service center, and received B’s certificate of personal seal impression. 4) D, G, etc. visited the Defendant’s office as a certified judicial scrivener on October 5, 2012 to the Defendant and requested the Defendant to register the establishment of a neighboring mortgage on the instant land. At the time, G presented the forged B’s resident registration certificate and certificate of personal seal impression, and marked B’s name on the registration documents, such as the power of attorney.

Accordingly, the Defendant drafted a confirmation document confirming that G is B, and based on this, the registration of the establishment of a mortgage was completed on October 5, 2012, which became the debtor C, the maximum debt amount of 3 billion won, and the Plaintiff as the mortgagee of the right to collateral security.

B. The Plaintiff’s employees in charge of the supply of oil misleads the Plaintiff’s normal establishment of the right to collateral security, and additionally supplied the Plaintiff’s total market price of KRW 3,524,648,371 to October 13, 2012.

C. On November 19, 2013, B, which became aware of the completion of the registration of the establishment of a neighboring mortgage as to the invalidity of the cause after the oil supply, filed a lawsuit claiming the cancellation of the registration of the establishment of a neighboring mortgage.

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