사기미수
The defendant shall be innocent.
1. In the facts charged, the Defendant is the owner of a registered injury to C’s land (hereinafter “instant land”) at the time of leisure, and the victim is a person who has been residing in an unauthorized house constructed on the instant land around 1978 by the victim.
Around May 2005, the Defendant, the husband of the Defendant, sold the land of this case to the victim, and received KRW 65 million from around that time to October 2005, the Defendant attempted to acquire the land of this case by deceiving the fact that he transferred only the registration of ownership of the land of this case to the victim on October 21, 2005, without transferring the ownership of the land of this case to the victim, while he sold the land of this case to the victim in contact with the land of this case.
The Defendant, around September 18, 2015, cannot believe the Defendant’s receipt prepared on June 1, 2005 by the above D, to the victim, and the ownership of the instant land exists to the Defendant.
In that regard, the instant land claimed rent after November 27, 2015, and claimed rent again for the same purpose as that of November 27, 2015.
On November 19, 2015, the aggrieved party, who received a claim for rent for the instant land from the Defendant, filed a lawsuit claiming the registration of transfer of ownership with the same court on January 28, 2016 in accordance with the order to file a lawsuit against the Defendant, at the Nanwon District Court Branch Branch of Suwon-ro, which was located in the Sinju city, on November 19, 2015.
On March 24, 2016, the Defendant entered into a sales contract with D around May 2005 with the instant land, but received only KRW 19 million from the injured party, and transferred the ownership of E’s land. Since the payment for the instant land was not received, the Defendant’s ownership was terminated and the sales contract was owned by the Defendant.
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