1. Highest 2016 5233;

A. The Defendant, in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, purchased land under C’s name as a result of tax and loan problems, and newly constructed a loan on land to dispose of it by registering the preservation of ownership in the name of C. On the ground of the foregoing proposal to C at the home located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on early 2014, and agreed by C.

Accordingly, on May 1, 2014, the Defendant purchased land Jung-gu, Seoul and completed the registration of ownership transfer in the name of C, and continued to construct a new loan on the land, and completed the registration of ownership preservation in the name of C around October 1, 2014.

As a result, the Defendant trusted the real right to real estate under the nominal trust agreement with C.

B. On September 11, 2014, the fraud Defendant made a false statement to the effect that “If he/she finds out of the deposit amount of KRW 120,000,000 in Seoul Jung-gu multi-family house E-family house 201,000,000,000,000,000 won, he/she would register with the victim H by reducing the maximum amount of the claim established on the said real estate from October 30, 2014 to KRW 20,000,000,000,000,000,000 won.”

However, the defendant had no specific property at the time, and since the new construction of 5 bonds in the name of family members around 2014, the amount of the deposit received from the injured party was insufficient, it was inevitable to use it as the construction cost in the other construction site.

Moreover, the deposit received from the revenue of the second and third floors of the above building was about KRW 480,000,000,000. However, in the situation that I continued to perform the construction of the said building did not pay approximately KRW 410,000,000 to the J, and in the situation that I and J did not pay KRW 300,000,000,000,000,000 were agreed to pay if the deposit for the lease of the said building entered, respectively.

In addition, the actual defendant has received deposit from the injured party at another construction site.