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(영문) 서울중앙지방법원 2015.03.18 2014가합42917
손해배상(기)
Text

1. The Defendants: (a) from June 9, 2014 to August 28, 2014, each of the Plaintiff KRW 131,050,00; and (b) from June 9, 2014 to August 28, 2014.

Reasons

The summary of the case is that the registration officer neglected his/her duty to verify the person liable for registration and to verify the formal authenticity of the attached documents, and thus the registration of ownership transfer of land invalidation by a forged document was completed. The Plaintiff incurred losses by lending the money that he/she believed to have acquired a miscellaneous mortgage based on the registration of ownership transfer, and then cancelling the right to collateral, and thus, the Plaintiff seeks compensation against the Defendants, who are liable for tort in the course of performing his/her duties, by a certified judicial scrivener and his/her affiliated registrar.

On January 6, 1983 or January 11, 1983, each real estate listed in the separate list for the registration of ownership transfer on the premise of the premise (hereinafter “instant land”) has completed the registration of ownership transfer in the name of D in the name of Jung-gu Seoul Metropolitan Government C at his domicile without the resident registration number entry.

D (F) The name of E was opened on April 1, 2014 to Defendant B, a certified judicial scrivener, who was a senior police officer, was pretended to be the real title holder D (GG) who is the real title holder who is a senior police officer, and the person responsible for registration was delegated with the application for registration of transfer of ownership on April 11, 2014.

On May 2, 2014, Defendant B submitted an application for registration and D’s proxy, certificate of personal seal for real estate sale, abstract of resident registration record card, certified copy of the forestry register of the instant land, copy of the driver’s license, etc. to the registration of transfer of ownership, which was accepted by Defendant B, for the reason of the loss of the registration certificate, and the copy of the driver’s license.

Among the application for registration and the attached documents, the documents except the certified copy of the forestry register, stated that D's resident registration number was the most Firous owner D, but the owner's resident registration number (I) was stated in the book of forestry register.

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