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(영문) 서울남부지방법원 2012.12.05 2012고단3537

횡령

Text

The defendant shall be innocent.

Reasons

1. Around April 2008, the Defendant entered into a contract with the victim C and the Gyeonggi-do Yangyang-gun D and E to purchase the forest land of 28 parcels, including KRW 1.3 billion, and KRW 1150,000,000,000,000 for the victim (the share ratio: Defendant 53.7%, and KRW 46.3% for the victim) and then divide it into a small scale, and to have the proceeds divided by selling, and to have the ownership transfer registration of the said forest under a title trust with the F Co., Ltd. where the Defendant is the representative director.

Accordingly, the defendant and the victim purchased the above forest land on December 10, 2008 and completed the registration of ownership transfer in the above F F name. After doing so, the procedure for the reconstruction of roads, etc., but there was a dispute in the process.

Therefore, the Defendant, as seen above, embezzled the right to claim ownership transfer registration under the name of G on the ground that the said forest land was registered in the name of F and thus the Defendant could dispose of it. On January 11, 201, the Defendant conspired with G G in collusion with G on the fact that there was no actual promise to trade, and embezzled the right to claim ownership transfer registration under the name of G on the ground of a pre-sale promise with respect to the volume of land D726 square meters and E forest 635 square meters

2. Determination

A. According to Articles 2 subparag. 1 and 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, where a truster and a trustee enter into a title trust agreement, and accordingly, where a truster entered into a title trust agreement with the owner who was unaware of the fact that a title trust agreement was concluded, and subsequently completed the registration of ownership transfer of the pertinent real estate under the title trust agreement, the change in the real right to the pertinent real estate through the registration of ownership transfer is valid, and the title trust agreement between the truster and the trustee becomes null and void. Accordingly, the trustee shall be deemed to have acquired the ownership of the pertinent real estate in effect not only in relation to the seller who