A. Defendant B’s status as the representative director of the victim corporation C (the first trade name was changed to “D” as of October 28, 2009; hereinafter “victim Company”) who is the victim from August 1, 2007 to February 28, 2008, and from March 20, 2008 to August 1, 2010.

Defendant

A, along with the victim company, to remove the F apartment house on the ground of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu E (hereinafter “instant land”) in which around October 2007 the structural construction was completed, and to newly build one unit of “G apartment house” (hereinafter “instant apartment”) with the size of 17 households and 14 stories, each of which is the 8-year-old unit of apartment buildings (hereinafter “instant apartment”) with the victim company, a person who completed the remaining construction by acquiring all business rights, such as the ownership of the instant land and the building permit, from 12 residents of the F apartment house including Defendant B, the owner of the building at the time, who was the owner of the building (hereinafter “members of the instant apartment”), including Defendant B’s wife, and completed the construction on January 208.

B. On October 207, 2007, the members of the instant case transferred all business rights, such as ownership and building permit of the instant land, to the victim company that Defendant A and Defendant B was appointed as the representative director for the purpose of avoiding compulsory execution based on the construction cost of the existing construction business operator and completing the remaining construction work. Defendant A completed the said construction work, and Defendant A transferred the instant apartment unit to the instant members by one household, and entered into a contract to cover the construction cost by selling the remaining parts or receiving reimbursement.

In order to secure the performance of the above contract, the members of the instant association and the Defendant A agreed to settle the instant apartment after the completion of the construction work after the completion of the construction work, which will be completed with the instant apartment complex to be completed with the instant land and the instant apartment complex to secure the implementation of the said contract. Accordingly, the victim company on November 5, 2007.