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(영문) 부산지방법원 동부지원 2017.03.31 2016가합100477
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a certified judicial scrivener who operates a certified judicial scrivener office in Busan Shipping Daegu C, and the defendant is a reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing the housing reconstruction improvement project on the land of Busan Shipping Daegu D and 17

B. On April 26, 2005, the Plaintiff entered into a certified judicial scrivener service contract (hereinafter “instant service contract”) with the content that the Plaintiff shall delegate all the affairs pertaining to the trust, destruction, adjustment of the right to site and the registration of land readjustment to the Defendant and the housing reconstruction project (hereinafter “instant service contract”). The main contents are as follows.

-A certified judicial scrivener service contract - A (Defendant) and B (Plaintiff) agree to entrust B with all the duties concerning the trust, destruction, adjustment of site and registration of land readjustment in respect of the reconstruction of real estate indicated below, and to clarify the mutually performed parts, as follows:

1) A indicating real estate (A) land indication: 43 existing apartment units of the existing building, 2,060 households and 25 stores of the existing building and 3-dong stores of the existing building subject to destruction on the above ground, which are located in Busan Shipping Daegu D and 17-B; / Registration (A) loss or damage (A) registration (A) registration (b) land ownership and land adjustment registration (A) as deemed necessary in connection with reconstruction (A) and other registrations (A) as deemed necessary by A related to reconstruction - Article 1 of the General Conditions for Legal Services Contract - Article 1: B shall perform its duties in good faith and sincerity in handling the affairs of the above real estate upon delegation of the affairs of the above registration from A, and shall compensate for the full amount of the delegated affairs if it causes damage to A intentionally or negligently.

Article 2:B may claim as remuneration the amount agreed upon with A within the scope of the standard remuneration table for certified judicial scrivener with respect to the above delegated affairs.

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