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(영문) 인천지방법원 2015.04.16 2014나12683
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 21, 2007, while engaging in the transaction of the building E located in Jeju along with D, C was delegated by the Plaintiff with the Plaintiff’s seal impression and three copies of the Plaintiff’s seal impression certificate, and entered into an exchange contract on the said F land between G and the Plaintiff.

(2) On March 2007, the Plaintiff: (a) again requested C to dispose of 353 square meters of H forest and 353 square meters (hereinafter “instant real estate”); (b) issued a registration certificate; (c) D; and (d) borrowed KRW 20,00,00 to I as security; and (c) used the instant real estate as expenses necessary for performing business affairs, such as sale and purchase of the instant building, exchange deposit, and real estate transaction; and (d) requested J, a certified judicial scrivener on May 2007, who had been employed as a business manager at the Defendant’s office, as a senior judicial scrivener, for the creation of a collateral security, the Plaintiff directly provided C with the registration right to the instant real estate; (d) the Plaintiff’s certificate of personal seal impression was directly transferred to J; and (e) a blank power of attorney with the Plaintiff’s seal imprint affixed; and (e) a contract to establish a collateral security.

(3) On May 28, 2007, J completed the registration of the establishment of a neighboring mortgage of this case, as the Cheongju District Court, No. 23741, which was received with respect to the instant real estate, (i) the mortgagee of the right to collateral security, (ii) the Plaintiff of the right to collateral security, and (iii) the maximum debt amount 30,000

B. Although D and C did not have been entrusted by the Plaintiff with the registration of the establishment of the establishment of the creation of the instant neighboring mortgage with respect to the instant real estate, D and C were under the jurisdiction of the Incheon District Court on the grounds that the power of attorney with the Plaintiff’s seal imprint necessary to complete the registration of the establishment of the establishment of the instant neighboring real estate and the paper for the establishment of the mortgage contract, J had J forged the power of attorney in the name of the Plaintiff and the document for the establishment of the right of attorney and the document for the establishment of the right to collateral security, and exercised it, and recorded

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