무고
The judgment of the court below is reversed.
The defendant is innocent.
1. The summary of the grounds for appeal (misunderstanding of facts) and the Defendant and E determined to pay KRW 220 million in cash in addition to accepting the obligation to establish a collateral security right established on the instant 11 parcel of real estate. The Defendant paid all the above money on March 26, 2015, which is the date of the sales contract, to E, no balance exists.
Therefore, the Defendant did not agree with the establishment of the instant senior mortgage, with the purport that the Defendant, on three parcels of real estate establishment of the right to collateral security, shall be M and N as the person who was designated by E, and the maximum amount of the claim shall be KRW 80,000,000, and there was no reason to agree. However, the lower court erred by misapprehending the facts charged.
2. Determination
A. On November 2015, the Defendant: (a) entered into a sales contract with a limited company E to purchase 11 parcel of real estate (hereinafter “the instant 11 parcel of real estate”), including the real estate located in G, H, and limited company F; (b) around March 26, 2015, the Defendant entered into a sales contract with A to compel the complainant to purchase the said parcel of real estate (hereinafter “the instant 11 parcel of real estate”).
However, in fact, E had completed registration of the establishment of a right to collateral security with the purport of KRW 80 million with respect to three parcels of real estate (hereinafter referred to as “three parcels of real estate”) including J, K, and L, the former owner of the F Co., Ltd., the F Co., Ltd. (hereinafter referred to as “three parcels of real estate”) in the first piece of real estate in this case, which is not known to A on the same day, and there was no intention or ability to enable A to acquire the full ownership of the said three parcels of real estate.
Nevertheless, E is granted KRW 220,000,000 as the purchase price from A.