업무상배임
The defendant shall be innocent.
1. The Defendant, in the facts charged, took charge of overall control over the seller’s purchase contract (hereinafter “instant contract”) by K through the brokerage of J, an assistant to the I Licensed Real Estate Agent Office, the seller’s office, through the brokerage of J, who is an assistant to the I Licensed Real Estate Agent Office, of the F University located in Dongdaemun-gu, Seoul, and the victim’s land in Dongdaemun-gu Seoul (hereinafter “instant land”) and the building constructed on the said land and H ground (hereinafter “instant building”).
Accordingly, in concluding a sales contract for the real estate of this case, the defendant has a duty to enter into a sales contract appropriately to ascertain whether the purchase price for the real estate of this case is properly determined, whether there is no legal limit in exercising ownership, and not to exercise the ownership, so that no property damage may occur.
As of September 1, 2010, when the contract was concluded, the real estate was merely 2,450,771,40 won which was appraisal price of 22,05,943 won (i.e., 2,450,771,400 x 0.9%). The real estate was located within the area of cadastral non-conformity (an area where the cadastral boundary in the cadastral map and the real boundary do not coincide continuously with each other over the non-intercluent land), and thus, it was not possible to determine the actual boundary of the land. Accordingly, there was a legal limitation that the neighboring land owners cannot freely exercise the land ownership, such as the request for consent of all the neighboring land owners to construct the building within the land, and the above K was located within the area of cadastral inconsistency, and the J explained this to the defendant.
On the other hand, J shall sell the real estate to K in the amount of KRW 3.2 billion, which shall be the brokerage commission.