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(영문) 수원지방법원 여주지원 2015.04.27 2014고단430

배임

Text

The defendant dismissed the application for compensation of this case not guilty.

Reasons

1. The summary of the facts charged: (a) around May 9, 2011, the Defendant entered into an investment contract with the victim B with respect to KRW 1500,00,000,000,000,000 in E, and around that time, he received KRW 160,000 from the victim on three occasions in total; (b) on May 30, 201, the Defendant was urged by the victim to return it as agreed upon; (c) on demand of the victim for the transfer of ownership over KRW 355,00,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,000).

Accordingly, on December 6, 2012, the Defendant entered into a real estate sales contract with the victim for a real estate of KRW 355 square meters of forest land and KRW 5,066 square meters of forest land in E, which is KRW 200 million, in the office of “H certified judicial scrivener” located in Dong-si, Dong-si, and concluded with the victim on December 31, 2012, the Defendant paid KRW 200 million to the victim until December 31, 2012; however, if the Defendant fails to comply with the contract, he/she shall transfer the ownership of KRW 4,161 square meters of forest land and KRW 35 square meters of forest land in E, and shall transfer the ownership of KRW 88 square meters of forest land among the 5,06 square meters of forest land in E

Where the Defendant fails to repay KRW 200 million by December 31, 2012 pursuant to the foregoing accord and satisfaction agreement, he/she shall not reduce the value of the above real estate for the victim, and he/she shall bear the duty to transfer the registration of ownership transfer after cancelling the restricted real right established on the above real estate.

Nevertheless, on March 20, 2013, the Defendant established a right to collateral security with the mortgagee, the maximum debt amount of KRW 92,900,500, and the debtor I in order to secure the obligation to pay materials to civil engineering works on the above F forest land, the ownership of which is transferred to the victim in violation of his/her duties, and the same year.

3. 21. The above real estate and E in borrowing 60 million won to J.