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(영문) 서울중앙지방법원 2011.04.06 2010가합102156
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 80,000,000 to the Plaintiff (Counterclaim Defendant) and its amount from August 14, 201 to April 6, 2011.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 15, 2009, the Plaintiff lent KRW 350 million to Nonparty C.

On April 3, 2009, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a neighboring mortgage”) with respect to the Plaintiff, the debtor C, and the maximum debt amount at KRW 450 million on the security of the above loan claim in Gwangju City in the name of Nonparty D (hereinafter referred to as the “instant land”).

B. On May 2009, C, upon cancelling the registration of the establishment of the instant neighboring mortgage, intended to repay the loan amount of KRW 150 million out of the loan amount to the Plaintiff as the sale price, and requested the cancellation of the said right to collateral security. The Plaintiff consented.

C. Accordingly, around May 7, 2009, the Plaintiff: (a) notified the Defendant, who is a certified judicial scrivener and relative with the Plaintiff, in the form of C, and (b) notified the Plaintiff of the reason why the establishment registration was cancelled; and (c) requested the process of cancelling the registration, “if the land is well sold (if the land is well sold), it shall be cancelled)”; and (d) requested the Plaintiff to proceed with the procedure.

Accordingly, the defendant prepared the proxy and termination certificate in the name of the plaintiff necessary for the cancellation of the above right to collateral security, and kept the above documents in the defendant office.

On May 20, 2009, the defendant tried to cancel the registration of creation of a neighboring mortgage of this case by using a telephone call from C to "the cancellation of the right to collateral security because it was sold underground," but found that there is no copy of the plaintiff's resident registration certificate necessary for cancellation, and forged a copy of the plaintiff's resident registration certificate by copying the defendant's resident registration certificate from the defendant's office copy at the defendant's office's office copy of the defendant's resident registration number and name and attaching the plaintiff's resident registration number and name to the above copied resident registration certificate.

In addition, the plaintiff received in advance a copy of the above resident registration certificate on May 25, 2009.

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