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(영문) 서울중앙지방법원 2016.08.11 2016고단2169

사문서위조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 193, the Defendant purchased five parcels (hereinafter referred to as “instant site”), such as Gangnam-gu Seoul (hereinafter referred to as “the owner of the original site”) from many co-owners (hereinafter referred to as “the owner of the original site”), in the amount of KRW 2.85 billion, and the land price was paid as the sale price after constructing a tenement house on the ground and selling it in lots.

After that, on March 194, the Defendant completed three town houses on the ground of the instant site, and completed the registration of the preservation of ownership in the name of co-ownership, such as the owner of the original site or the persons who are to be transferred public land from them.

The Defendant, upon delegation from the above co-owners, completed the registration of transfer of ownership for the persons who sold the above apartment house in lots and paid the price for the sale, but the housing unsold in lots, including C, D, and E-Ground 40 (hereinafter “the instant building”), had not been fully sold in lots, and the housing unsold in lots, including C, D, and E-Ground 40 (hereinafter “the instant building”), still remains in joint ownership, and the Defendant owned 4.05/1,345 of the instant building.

On February 10, 2012, LF received the ownership share of the building of this case from the Defendant through compulsory auction of real estate, and filed a lawsuit against G who occupied and used the building of this case with the Seoul Central District Court on February 27, 2013.

G in the above building name lawsuit, the Defendant was delegated with all disposal authority, such as the sale and lease of the apartment house to be newly constructed by the co-owners of the land of this case, and himself argued to the effect that he leased the building of this case from H that he was delegated with the authority to conclude a lease agreement on the building of this case by the Defendant, and that he was entitled to lawful possession of the building of this case.

However, on April 9, 2015, the appellate court of the lawsuit for the specification of the above building is the site of this case.