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(영문) 대구지방법원경주지원 2017.09.14 2016가합264
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The land listed in the attached list No. 1 (hereinafter “instant land”) and the building listed in the attached list No. 2 (hereinafter “instant building”) were originally owned by F, and the voluntary auction procedure was commenced on December 6, 2002 upon the application of the National Agricultural Cooperative Federation, a mortgagee, at the request of the National Agricultural Cooperative Federation.

B. On May 27, 2003, the Plaintiff purchased the instant land and the instant building, which was under auction process from F, in price of KRW 205,00,000, and completed the registration of ownership transfer in the name of the Plaintiff on June 11, 2003, with respect to the instant land and the instant building.

C. At the time when the registration of ownership transfer is completed in the name of the Plaintiff with respect to the instant land and the instant building, the application document for the registration of ownership transfer was accompanied by “the specifications of the building ledger of 2003 property tax (hereinafter “instant specifications”) related to the instant building. This was issued at the time by H, who had worked as a public official in charge of finance of G at the time of Sejong-si, and H issued at F’s request. H affixed the rubber and its seal to the lower part of “the specifications of the building ledger of property tax of 2003,” printed out from the administrative computer system of the G office, and then affixed the “the original pen” and then issued it to F with the official seal of the G head.

The Plaintiff filed a claim for damages against H (Ulsan District Court 201Ga1803) on the ground that the Plaintiff incurred damages due to the purchase of the instant land and the instant building, on the ground that H had a right to file a lawsuit seeking compensation for damages (Ulsan District Court 2010Ga1803) on the ground that it was possible for H to alter and deliver the instant detailed statement to F to the effect that H had the right to transfer ownership as an unauthorized building.

E. In the Ulsan District Court 2010Kahap1803 Claim for damages, the above court did not recognize that H forged or altered the instant specifications on December 16, 2010.

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