logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.11.24 2016가합1816
손해배상(기)
Text

1. Defendant C’s KRW 2,00,000 as well as 5% per annum from November 20, 2006 to November 24, 2017, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On October 23, 1995, the Plaintiff acquired ownership as to DJ 452.5 square meters in Yongsan-gu, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, and newly constructed a building with the second floor above the above land (hereinafter “instant building”), and completed registration of preservation of ownership as to the above building on February 10, 1996.

(hereinafter referred to as “the instant real estate” in total). Defendant C leased the instant building under his mother’s name and operated a restaurant of “F”, and Defendant B is a certified judicial scrivener.

B. On October 21, 2005, upon the Plaintiff’s creditor G’s application for the commencement of a compulsory auction on real estate, the decision to commence compulsory auction on the instant real estate was made with respect to the pertinent real estate by Goyang-gu District Court H. The decision to commence compulsory auction on the said real estate was made upon the application for commencement of the auction on the real estate by an organization, which is a collateral security right to the said real estate, the decision to commence the auction on June 30, 2006, and each of the above auction procedures had been

(hereinafter the above auction procedure is “instant auction procedure” (hereinafter “instant auction procedure”).

When the auction procedure was conducted as above with respect to the real estate of this case, Defendant C, who invested in facilities to operate a restaurant in the building of this case, was repaid to G as the Plaintiff’s obligee and the creditor who applied for the auction procedure of this case in lieu of the Plaintiff’s debt, and received a written confirmation of repayment, a written withdrawal of the request for auction, and a receipt.

Around November 2006, Defendant C delegated Defendant C with the preparation of documents related to the lawsuit of objection to the Plaintiff’s name for the purpose of exercising the right to suspend the procedure for compulsory auction, even though there was no fact that Defendant C was delegated with all authority to file a lawsuit of objection by the Plaintiff to suspend the procedure for compulsory auction. Defendant B accepted the case without properly verifying whether Defendant C is a real agent of the Plaintiff.

arrow