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(영문) 서울고등법원(춘천) 2012.04.18 2011나2420
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is set forth in Article 2.B. of the reasoning of the judgment of the first instance.

C. This part of the claim is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, given that the reasoning for the judgment of the first instance is the same as that of the following.

2. Parts used by this court;

2.(b)

M, who is a public official of the defendant's assertion, did not verify the authenticity of the letter of guarantee of this case prepared by the plaintiffs and issued a confirmation document in violation of the procedures prescribed by law, and the registration of establishment of a neighboring district credit union was completed based on it. However, the above letter of guarantee, etc. was revealed to be false and subsequently, the plaintiffs paid damages equivalent to the principal and interest of loan to the mortgagee on the ground that the registration was completed by the cancellation of the above certificate of establishment registration, etc., the above letter of guarantee, etc. was made by the plaintiffs. Thus, the defendant liable for joint tort against the mortgagee pursuant to the State Compensation Act is obliged to pay the amount of indemnity to the plaintiffs according

2.(c)

Judgment

Article 10(3), (4), (5), and Article 11(2) of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 8080 of Dec. 26, 2006; hereinafter “former Act”) provides that the competent authority in receipt of an application for the issuance of a written confirmation shall warn the guarantor of punishment for false guarantee, and then confirm the purport of the guarantee. The competent authority in receipt of an application for the issuance of a written confirmation shall conduct a field investigation on the relevant real estate and verify the authenticity of the fact of guarantee. In addition, if an objection is raised within the period of public notice after the receipt of public notice of more than two months, it shall issue a written confirmation through fact-finding. In addition, considering the legislative intent of the former Act, the competent authority in receipt of the written confirmation shall verify the actual relationship of rights through the series of

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