부동산실권리자명의등기에관한법률위반
All appeals by the Defendants are dismissed.
1. The summary of the grounds of appeal is that Defendant A, on November 19, 2010, sold to Defendant B 1/3 shares of the building in Daejeon Dong-gu, Daejeon (hereinafter “instant share”) but, at the beginning, it was difficult for Defendant B to assume the obligation of the collateral security with respect to the instant share, which was agreed upon as a sale condition at the beginning, the said sales contract was terminated inevitably with Defendant B on January 4, 2012. Although there was no title trust agreement with regard to the instant share, the lower court erred by misapprehending the facts of the facts charged or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below: ① Defendant A stated at the police that the amount to be paid in cash from Defendant B was KRW 37 million among the purchase price of this case KRW 237 million (Investigation Record No. 149); Defendant B stated that the above amount was KRW 17 million after the prosecution (Investigation Record No. 291); Defendant B stated at the court below’s first statement that the amount to be paid in cash is KRW 788,000,000 or KRW 3,000,000 after the fact that the above amount was paid in cash; and Defendant B stated at the court below’s court court’s first statement that the above amount was KRW 70,000,000 or KRW 70,000,000,000,0000,000 won and KRW 270,0000,000,0000,000 won and KRW 270,000,00.