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(영문) 울산지방법원 2017.11.17 2017고정509

명예훼손

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the president of the “E District Land Partition Association” established for the purpose of land subdivision rearrangement project for Ulsan-gu, Ulsan-gu, and the victim F is the actual operator of G (hereinafter “G”) who is a contractor of the said E District Association (hereinafter “G”) and the guarantee private H (hereinafter “H”) of the said Si Corporation.

On the other hand, when the construction was delayed due to the financial shortage in the above G, it would be executed by the said H Co., Ltd. under the agreement of the said union, and around 2009, the land of Ulsan-gu Imart 4, the land secured by the development recompense for the above land subdivision and rearrangement business, was sold from G to H. In April 2016, all of the above land was sold back to the J-gu regional housing association.

When the Defendant was requested from the J Regional Housing Association to change ownership on the register of land allotted by the authorities in recompense for development outlay, the Defendant thought that there is no way to compensate for damages if the damaged person fails to complete the construction, and did not change ownership of the said land.

Accordingly, on April 23, 2015, the Defendant: (a) at the office of the land division rearrangement association located in the north-gu, Ulsan-gu and the second floor; (b) on the “request for the registration of change of ownership in the development recompense land,” sent by the J District District Housing Association to the E District Land Partition Association; and (c) on the “request for the registration of change of ownership in the development recompense land,” the victim’s reply to review and reply of the minutes related to civil petition minutes”; (d) on the premise that the victim should cause damage to the exercise of the claim against L’s E District Association; and (e) had escaped property from G to H at the cost of the land

“Preparation of the document containing the phrase “,” and then, around that time, sent it to the J-Regional Housing Association Office by mail.

However, in fact, according to the delayed construction in G, H is required to perform remaining construction works under the agreement with the E District Land Partition Association, and accordingly, the above land secured by the recompense for development outlay has been transferred, and the above land secured by the recompense for development outlay has been transferred from G to H to avoid the exercise of claims against L's E district associations.