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(영문) 인천지방법원 2014.11.17 2014고단1046

업무상배임

Text

Defendant

A Imprisonment with prison labor for eight months, and for one year, each of the defendants B.

However, this judgment is delivered to Defendant A.

Reasons

Criminal facts

[Basic Fact-finding] On May 21, 1997, Defendant B and E Co., Ltd. (hereinafter “victim Company”) whose principal office is a building located in Incheon Strengthening-gun (hereinafter “Defendant B”) shall deposit the amount of investment made by its members from May 26, 1997 to the bank account of the victim company: Provided, That this shall be limited to the remaining amount after deducting the amount of investment made by the network G. However, the victim company: (2) upon the commencement of the payment of the above amount by Defendant B, the victim company shall perform the procedure for registration of cancellation of the registration of the establishment of the establishment of the establishment of a neighboring land, which was completed in the name of the victim company with respect to the size of the above amount, and the company shall not raise any objection or extra-judicial proceedings against the owner of the above land, and (3) shall prepare the agreement to strengthen the ownership of the Incheon Ma-gun and the registration of the transfer of ownership to the victim company (hereinafter “the agreement to acquire the ownership of the Plaintiff”).

Defendant

B On May 25, 2007, on the basis of the instant agreement against the victim company at the Seoul Central District Court, the Seoul Central District Court performed the procedure of cancellation on May 21, 1997 with respect to the registration of the establishment of neighboring mortgage completed by the Incheon District Court No. 6079 on March 21, 1995, with respect to the registration of the establishment of the ownership of the land which was completed on May 21, 1995 under the Incheon District Court No. 846m2, 1,386m2, 1,835m2, as the ground of the instant agreement against the victim company, the victim company filed a lawsuit against the Plaintiff on May 25, 2007, under the condition that the victim company would be paid KRW 554,00,000,000 from the Defendant B to the Plaintiff for the transfer registration on May 21, 1997.