[배임][집32(3)형,603;공1984.7.15.(732),1152]
Whether the seller who receives only the down payment is a business administrator for the buyer in the breach of trust
As long as a seller refuses the payment of the remainder after the seller sells the real estate to the buyer and accepts only the down payment, the seller is in a position to cancel the sales contract, and thus, the seller cannot be deemed as a person who administers another person’s business.
Article 355(2) of the Criminal Act; Article 565 of the Civil Act
Defendant
Prosecutor
Daegu District Court Decision 83No785 delivered on October 14, 1983
The appeal is dismissed.
We examine the prosecutor's grounds of appeal.
According to the facts found by the first instance judgment of the court below, the land sold by the defendant to Kim Il-dong, Daegu-gu, Daegu-dong, 927 2.1/2 of 162.05 square meters of land substitution for land substitution for 162.05 square meters (49.2 square meters) prior to 109 square meters (33 square meters), where he owned the land, 24 square meters of 7 square meters of land substitution for land substitution for land substitution for 162.05 square meters (49.2 square meters) but the purchaser who paid only the down payment was at the payment date of the remainder payment and was willing to implement only the transfer registration for ownership transfer of 1/2 shares of the previous land, and returned to another person. Thus, the defendant disposed of the land, unlike the defendant's assertion that he/she would perform the transfer registration for ownership transfer of the entire previous land, and thus, the defendant did not have any error of finding that there was a violation of the rules of evidence or incomplete deliberation. Thus, if the facts are the above, the defendant cannot be viewed that he/she did not have any other person's position of disposal.
Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Il-young (Presiding Justice)