beta
(영문) 창원지방법원 마산지원 2015.02.03 2014고단638

배임

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. A summary of the facts charged: (a) around July 2012, the Defendant borrowed KRW 130 million from the Victim E to transfer the claim to the victim; (b) on July 18, 2012, the Defendant completed a registration of the right to claim the transfer of ownership on the ground of pre-sale in the name of the victim’s wife, in the name of G with respect to the land of G, G, which is one of his/her own land; and (c) on August 27, 2012, the Defendant paid the above obligation on or around August 31, 2013, borrowed KRW 130 million from the victim to transfer the claim of KRW 150,000,000,000 from the victim to H; (d) on the other hand, the Defendant prepared a written contract for the transfer of the claim of KRW 150,000,000,000,000,000,000 from the Defendant’s own land, which he/she had received KRW 16.

On January 24, 2013, the Defendant entered into an accord and satisfaction agreement with the victim on June 30, 2013 to transfer the ownership of 101, the first floor of KSV, Gyeongsung-gun, Gyeongnam-gun, to the victim at an insular location, “the Defendant would have to lend funds, cancelled the provisional registration of F land in Gyeongnam-gun, and the victim would not be paid if the victim lost the funds through the pre-existing collateral security that was transferred to the court, so the Defendant would not be paid if the victim lost the funds in civil procedure. The victim would have cancelled the above provisional registration on February 5, 2013. < Amended by Presidential Decree No. 24384, Feb. 5, 2013>

Accordingly, if the defendant is unable to preserve and manage the above KRC No. 101 on the first floor, and the defendant is unable to repay his/her debt to the victim, the first floor of KRC.