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(영문) 청주지방법원 2017.02.23 2015가단107861
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) On May 29, 2012, the Plaintiff filed for the instant apartment (hereinafter “instant apartment”) owned by the Cheongju-si, Chungcheongnam-gu, Cheongju-si, and 102 Dong 2202 (hereinafter “instant apartment”).

A) On May 30, 2012, after the establishment of the right to collateral security, leased KRW 280 million to A on May 30, 2012. At the time, A received the details of the transfer household inspection issued by the Defendant and confirmed that A was residing in the instant apartment. 2) Since then A filed an application for the auction procedure regarding the instant apartment, the Plaintiff was aware of the fact that the lessee C completed the move-in report and the fixed date on October 13, 201, the date of establishment of the Plaintiff’s right to collateral security, and accordingly, the Plaintiff was partly distributed the principal and interest of the loan in the said auction procedure and suffered damages for which the amount as stated in the purport of the claim was not distributed.

3. On the other hand, the defendant is an administrative agency in charge of affairs concerning resident registration such as the details of the transfer household inspection, etc., and even though he/she resided in the apartment of this case since October 13, 2011 by transferring C and D, he/she failed to properly enter and manage the relevant information in the register by intention or negligence, and accordingly, he/she is liable for compensation since the plaintiff who believed the transfer household inspection by issuing the incorrect information to A, thereby causing the above loss.

B. Therefore, it is insufficient to recognize the contents of the transfer household inspection, which omitted that the Defendant had been living in the apartment of this case, as alleged by the Plaintiff, after compiling all the evidence submitted by the Plaintiff. Rather, according to the purport of the entire pleadings, A shall change the detailed statement of transfer household inspection to obtain apartment mortgage loan as if there is no apartment tenant to obtain apartment mortgage loan, and shall belong to the bank.

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