A. Fact-misunderstanding and legal doctrine 1) The subject matter of the sales contract that the Defendant’s E (hereinafter “E”) entered into with the victims on November 15, 2006 (hereinafter “the instant sales contract”) is 300 square meters out of part 12,050 square meters (3,645.13 square meters) indicated in the attached drawing of the lower judgment.

In this regard, E is able to register the transfer of ownership of the victim’s 300 square meters designated by E to complete the adjustment of land and the creation of housing sites within five years from the date of the conclusion of the instant sales contract with respect to the above part 6 and satisfy the premise that E is divided. Since such premise is not met, it is impossible to specify the object of sale because it is impossible to do so, E is not obliged to register the transfer of ownership with respect to the above part 6.

After that, the Defendant, who is the husband of the victim G, demanded that the Defendant transfer part of the ownership of J-based land of 11,244 square meters (hereinafter “instant land”) in Namyang-si, Namyang-si, the part of the lower judgment, which was divided by E, and that the Defendant responded to this demand. The time at which the Defendant established the right of the lower court for each of the instant land is around 2014, which is the time after the Defendant established the right of the lower court.

Therefore, the point at which the Defendant and the victims agreed to change the subject matter of the instant contract to 300 square meters of the instant land unlike the beginning is established after the establishment of each of the above collateral. Thus, the Defendant did not bear the duty to register the transfer of ownership of the instant land at the time of the establishment of each of the aforementioned collateral security rights.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous.

2) On August 13, 2013, the maximum amount of the instant land is KRW 500 million, the debtor, E, and the mortgagee MN establishment registration (hereinafter the above act of setting the collateral security is referred to as the “instant act of setting the collateral security 2”).