[201Modan2445] On December 7, 2010, the Defendant entered into a contract to sell the victim E and the Defendant’s land F (261m2) and its ground (158m2,18m2) (hereinafter “instant real estate”) in total amount of KRW 380,000,000,000,000,000,000,000,000 on the date of the contract, and the intermediate payment of KRW 20 million was paid on December 15, 201.

As such, since the defendant received the intermediate payment from the victim of the instant real estate, the defendant is obligated to cooperate with the victim in the procedure for the registration of ownership transfer of the instant real estate after resolving the seizure cases concerning the instant real estate, such as collateral security, lease, and the instant real estate established on the instant real estate as the content of the sales contract.

Nevertheless, the Defendant entered into a contract to sell the instant real estate in KRW 360 million with G on April 12, 2011, and subsequently received full purchase money and transferred the ownership of the instant real estate to G on April 13, 201, thereby obtaining pecuniary benefits equivalent to KRW 40 million and causing property damage equivalent to the same amount to the victim.

[2012 Highest 549]

1. On April 12, 2011, the Defendant: (a) entered into a sales contract with the victim G to sell the instant real estate owned by the Defendant to the victim G at the office of a certified judicial scrivener I located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu; (b) on the same day, the Defendant entered into a real estate sales contract and completed the registration of ownership transfer in the name of the victim.

However, on June 9, 2011, the Defendant did not deliver the instant real estate to the victim, and was subject to the Jeonju District Court 201Da18972, Jeonju District Court 201Da18972, and was to be exercised to obtain a favorable judgment in the said lawsuit, with a view to exercising a favorable judgment in the said lawsuit, the Defendant indicated the real estate by using a photographer on the printed form of a real estate sales contract in a place that is