A. The Defendant cannot be deemed to have the obligation to complete the registration of ownership transfer to the victim pursuant to the instant exchange contract, and thus, the Defendant cannot be deemed to have the position of “a person who administers another’s business.”

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and there is an error of law by misunderstanding legal principles.

B. In light of the agreement made on June 11, 2010 between the Defendant and the injured party, the value of the M or N land in Incheon Strengthening Group after the registration of establishment of servitude, and the agreement was concluded on June 11, 2010 between the Defendant and the injured party, the Defendant is obligated to secure the passage of the injured party even if the Defendant transferred the ownership of the D number to the injured party, and the Defendant’s act is deemed to have implemented the contents of the said agreement.

Therefore, since the loss caused by breach of trust can not be seen as having occurred, the court below erred by misapprehending the facts or by misapprehending the legal principles.

C. Since the victim interfered with the use of the road and the defendant inevitably created servitude during the construction of the road, the defendant's act constitutes a legitimate act, and there was no possibility of expectation for the defendant to be lawful act.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles.

2. Determination

A. Whether the Defendant is in the position of “a person who administers another’s business” may freely escape from the binding force of the contract by waiving a party or a down payment or repaying the amount of the down payment at the stage of paying only the down payment in the real estate sales contract.

However, when a contract is fully implemented due to the payment of intermediate payment, etc., the seller shall be a real estate buyer unless the contract is revoked or rescinded.