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(영문) 의정부지방법원 2015.08.25 2014가단107512
손해배상(기)
Text

1. Defendant B shall pay 24,140,000 won to the Plaintiff and 20% per annum from May 8, 2014 to the day of complete payment.

Reasons

1. The following facts do not conflict between the parties, or are described in Gap evidence Nos. 1 to 5, Eul evidence Nos. 1 to 14 (including serial numbers), and the fact-finding conducted by the court against the stock company of this court, the fact-finding conducted by the new bank of this court, and corporate bank with each order to submit financial transaction information to new banks and corporate banks, can be acknowledged by considering the whole purport of the arguments, and there is no counter-proof otherwise.

The Plaintiff filed a lawsuit seeking the implementation of the procedure for ownership transfer registration on the ground of termination of title trust as of October 19, 2012, with respect to each of the pertinent inheritance shares among the Gyeonggi-do land E-gun, Gyeonggi-do, Gyeonggi-do, where the Plaintiff inherited with respect to C and D, etc. (hereinafter “instant land”), 42,835.8 square meters, and 129 square meters prior to F, which was inherited by him/her (hereinafter “instant land”), and received a favorable judgment on February 14, 2013, and the said judgment became final and conclusive around that time.

B. On March 18, 2013, the Plaintiff delegated the instant application for registration of ownership transfer, etc. of the instant land to G certified judicial scrivener through H, which is a cause of the affairs of G certified judicial scrivener, (hereinafter “instant application for registration”), and prepared a proxy form with G certified judicial scrivener. Accordingly, on April 18, 2013, H performed the instant application for registration, such as filing an application for inspection of the resident registration card or the issuance of a certified copy or abstract with the person responsible for registration in the name of G certified judicial scrivener, in the Government viewing under the name of G certified judicial scrivener.

C. However, on April 22, 2013, when the instant application for registration was not completed, H was employed as a certified judicial scrivener on April 22, 2013, and continued to perform the said duties while serving in the Defendant B’s certified judicial scrivener office. On May 29, 2013, the Plaintiff deposited KRW 24,140,000 (hereinafter “the instant money”) with the name of payment of acquisition tax and incidental document preparation cost following the instant application for registration in the bank account under the name of the Defendant B (I).

The above bank in the name of the defendant B.

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