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(영문) 수원지방법원 2014.12.30 2014가합61787
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Since 2005, the Plaintiff was in charge of the registration of the establishment of a neighboring mortgage related to the loan executed by the Plaintiff to the Defendant in the course of transactions with the Defendant.

B. On November 2010, the Plaintiff loaned KRW 1.1 billion to D as security the real estate listed in the separate sheet (hereinafter “the entire real estate of this case”) owned by C Co., Ltd. (hereinafter “C”) (hereinafter “C”) and delegated the Defendant with the vicarious execution of the registration of creation of a neighboring mortgage related thereto.

C. Accordingly, the registration of creation of a neighboring real estate completed on November 2, 2010 was completed on the real estate indicated in paragraphs 1 through 7 (hereinafter “part of the instant real estate”) among the entire real estate of this case, with the maximum debt amount of KRW 1.43 billion, the debtor D, and the mortgagee of the instant real estate as the Plaintiff.

(hereinafter “registration of this case”). D.

With respect to the real estate listed in Articles 8 through 14 (hereinafter “the remainder of the instant real estate”), on May 20, 201 with respect to the creation of a mortgage on May 20, 201 with respect to the remainder of the instant entire real estate (hereinafter “the remainder of the instant real estate”), the establishment of a mortgage on the basis of the maximum debt amount of KRW 938 million, which is the mortgagee, and the establishment of a mortgage on August 22, 201 with respect to the remainder of the instant

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff asserted by the parties, while delivering the minutes of the board of directors meeting containing the resolution of the resolution of the establishment registration of the collateral on the whole real estate of this case to the defendant, entrusted the registration of the establishment of the collateral on the whole real estate of this case to the defendant, and the defendant incurred losses that the plaintiff could not obtain the priority of the collateral on the remaining real estate by omitting the establishment of the collateral on the remaining real estate of this case, and as a result, the defendant is liable for damages to the plaintiff.

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