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(영문) 서울남부지방법원 2016.07.13 2015가단232242
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

I. Progress of the case

1. The Plaintiffs, both of whom are married, operate a printed business with the trade name “H”.

2. On September 25, 2008, the Plaintiffs entered into a contract with Defendant G, who is a land collection business entity, to set up a right to collateral security on the part of the Plaintiffs’ residence in order to pay KRW 130 million to the Plaintiffs for KRW 130 million, and to secure the right to collateral security, the Plaintiffs paid KRW 130 million to the Plaintiffs, and the Plaintiffs supplied the right to collateral security on the part of the Plaintiffs’ residence in Gangseo-gu Seoul Government Igra 202 (hereinafter “instant building”).

3. The Defendant G received KRW 100 million from Defendant F on the same day, and paid it to the Plaintiff. On October 17, 2008, Defendant G received on the same day the establishment registration of a collateral security on the instant building, which was recorded as the maximum debt amount of KRW 100 million, the obligor A, and Defendant G with respect to the instant building, (hereinafter “instant collateral security”).

4. On November 12, 2008, Defendant G received from Defendant F a transfer of the remaining amount of KRW 30 million from Defendant F, and paid it to the Plaintiffs.

5. After that, the Plaintiffs requested Defendant G to cancel the instant right to collateral security, but G did not demand and comply with new collateral.

6. On June 3, 2009, Defendant F acquired the status of the party to the above strike collection contract from Defendant G, along with the instant collateral security right and the claim for the refund of the security deposit against the secured debt, and on the same day, Defendant F also completed the supplementary registration of the transfer of the instant building concerning the instant building (this court lecture registration office was received, No. 34941, grounds for registration - the transfer of the contract as of June 3, 2009, hereinafter “instant supplementary registration”).

7. Meanwhile, the bond and mortgage transfer certificate dated June 3, 2009, which were the grounds for registration of the supplementary registration of this case, contain the name of the plaintiff A, which was sent out of the following crimes.

In other words, defendant D, a certified judicial scrivener.

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