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(영문) 수원지방법원성남지원 2017.06.30 2016가단209473
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 41,610,90 as well as the full payment from April 26, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 18, 2012, the Defendant completed the registration of ownership transfer based on sale on December 10, 2012, regarding real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).

B. On March 4, 2013, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring land of this case”) with respect to the instant real estate as the Head of Jeju District Court No. 18792, and as of February 6, 2013, “the debtor, the defendant, the mortgagee of a mortgage, the maximum debt amount of KRW 50,000,000,” due to the contract establishing a contract.

C. Since then, the Defendant completed the registration of cancellation of the registration of the establishment of the instant neighboring mortgage on October 1, 2013 by the Jeju District Court No. 79584, Sept. 30, 2013.

However, in relation to the above cancellation registration, C, who is the Defendant’s manager, was prosecuted for the following facts constituting the crime, and was sentenced to a fine of KRW 5,00,00,000 on July 17, 2014 by the Suwon District Court, Sungwon-nam Branch 201, 201, which was sentenced to a fine of KRW 5,00,000 on July 17, 2014, and C appealed appealed, but was sentenced to the dismissal of appeal on April 16, 2015 by Suwon District Court 2014No4534, which was sentenced to a final appeal by Supreme Court Decision 2015Do6428, which became final and conclusive.

1. The forgery of a private document and the uttering of a falsified private document are the Defendant’s manager, a corporation established for the purpose of arranging accommodation business, etc., and without authority to exercise the right to cancel the registration of the establishment of the creation of the instant neighboring real estate in the instant real estate owned by the Defendant. On September 30, 2013, at the E-real estate office located in Seongbuk-gu, Sungnam-si, Sungnam-si, Seoul, without authority, the Plaintiff’s name, which was widely known in advance to the person liable for registration of the letter of proxy for the application for the registration of real estate, is forged one letter of proxy in the Plaintiff’s name, which is a private document with respect to the right and duty, affixed a seal affixed on the Plaintiff’s name that was printed on the letter of proxy for the registration of real estate registration. On October 1, 2013, F, an employee

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