"2016 Highest 3537"

1. On September 8, 2010, the Defendant: (a) entered into a contract between D and D on the bid price of KRW 6288 square meters (hereinafter “sub-land”) in the name of D, which is located in Gangwon-gun, Gangwon-gun; (b) the Defendant paid D and the remainder of the loan shall be paid by the Defendant; and (c) the remainder of the loan shall be paid by the Defendant; and (d) the payment of the remainder shall be divided into interest; and (e) the payment of the successful bid price shall be paid on the same day and the successful bid price shall be awarded at KRW 315 million; (b) however, the Defendant was awarded a successful bid price of KRW 240 million with the loan of KRW 25 million from the Agricultural Cooperative as security; and (c) the Defendant did not bear registration expenses and other expenses; and (d) it was difficult to develop the land on which the interest on the loan is not imposed.

Nevertheless, around November 29, 2010, the Defendant received 30 million won from H to the national bank account (I) in the name of the Defendant’s name on the same day on the same day from H to the national bank account in the name of the Defendant on the same day, with the purport that “The Defendant may enter into a real estate transaction contract with H as the purchaser on the 661m2 out of the successful bid land with the loan of KRW 30 million as the 661m3,000,000,0000 from the G office operated by the Defendant in Seoul Special Metropolitan City, Nowon-gu.”

2. On January 31, 201, the Defendant entered into a sales contract with respect to the commercial building No. 1 and 83 underground floors of Nowon-gu, Seoul Special Metropolitan City (hereinafter “the instant commercial building”), which is owned by JJ around January 31, 201, for the purpose of concluding a sales contract after being delegated with the acts prior to the purchase and sale consultation and the conclusion of the contract, the Defendant entered into a sales contract with the J’s approval. Therefore, the Defendant did not have the intent or ability to sell the instant commercial building without obtaining the J’s approval, and the collateral security amounting to KRW 1.32 billion for the said 79 commercial building including the instant commercial building is set.