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(영문) 춘천지방법원강릉지원 2019.05.28 2019가단30002
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 3, 2017, the Plaintiff sold 251.97 square meters of the land’s 69.91/1/424 of shares among E, Samcheon-si, Gangwon-do (hereinafter “instant land”) and the six-story buildings (including the ground floor, and 1,528.5 square meters of the total floor area; hereinafter “instant building”) on the same day to F Co., Ltd., and received full payment of the purchase price on the same day.

B. On January 3, 2017, the Plaintiff delegated the registration under the above sales contract to Defendant C, a certified judicial scrivener, and on January 3, 2017, with respect to the shares of 69.91/1/424 of the instant land and shares of 251.97/1528 of the instant building, the registration procedure for each of the instant sales contract was completed under Article 108, which was based on the receipt of Samcheon District Court Samcheon District Court’s receipt of 108.

C. Around January 5, 2017, Defendant D, an employee of Defendant C, entered the said registry, and subsequently revised the relevant documents, the sales contract and power of attorney submitted with the application document for registration were written along with a page stating that the deletion of the geographical layer is the “debris,” and Defendant D deleted the part of the real estate indication of each of the instant documents in relation to each of the instant documents into a knife with a portable knife.

Defendant D was subject to criminal punishment for the crime of altering private documents and exercising the same as the above act.

【Ground for Recognition: Each entry in the evidence of Nos. 1 through 6, and the purport of the whole pleadings】

2. The Defendants asserted that the Plaintiff filed an application for registration of transfer of 251.97/1528 of the instant land to F Co., Ltd. even though the instant building was divided and registered, while handling the ownership transfer registration of the part of the instant land and the part of the instant land among the instant building by delegation from the Plaintiff, and the Plaintiff applied for registration of transfer of 251.97/15 of the relevant part of the instant land to F Co., Ltd.

As a result, the Plaintiff suffered damages and mental suffering from the decline in the security value and sales value of the instant building in KRW 20 million.

Accordingly, Defendant.

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