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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
The plaintiff is a certified judicial scrivener who operates a certified judicial scrivener office in Gyeongnam-si, and C is an employee of the plaintiff.
E, the spouse of D, around April 26, 201, sold to the Defendant, without D’s consent, two parcels, namely, F. 1,903 square meters and 2 square meters and 1,903 square meters of land owned by D (hereinafter “each of the instant real estate”).
However, at the time, C, an employee of the Plaintiff, without reporting the Plaintiff in advance and after death, prepared a confirmation document in the name of the Plaintiff (hereinafter “the confirmation document of this case”) stating that C, while carrying out the duties of filing an application for registration of each of the above real estate, confirmed D himself/herself’s intention without confirmation of D himself/herself whose consciousness was unknown.
Accordingly, the registration of ownership transfer made in the name of the defendant was cancelled, and the defendant won the case by filing a lawsuit against E seeking compensation for damages.
However, the Defendant filed a lawsuit against the Plaintiff and real estate brokerage G, H, the Korean Licensed Real Estate Agent Association, and the Korean Certified Judicial Scriveners Association, etc., which are the causes of the Plaintiff’s and real estate brokerage affairs, and asserted as if the Plaintiff had forged a sales contract directly between D and the Defendant and prepared a false confirmation document. As a result, the Plaintiff’s written lawsuit spreads to the Gyeong-gun, Y, the office of a certified judicial scrivener, and thus, the Plaintiff’s credit and honor was considerably damaged.
Therefore, the defendant should compensate the plaintiff for consolation money of KRW 31,00,000 and damages for delay.
Judgment
Facts of recognition
D owned 1,903 square meters and two lots of land (hereinafter “each of the instant real estate”) located in Gyeong-gun, Gyeong-gun, F, Gyeong-gun. However, on March 19, 201, it was not known until a sales contract for each of the instant real estate was concluded between the Defendant and D and the ownership transfer registration was made.