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(영문) 서울중앙지방법원 2014.02.12 2013고단5387

사기미수

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged in this case

A. On August 19, 2009, the Defendant agreed that the victim C and the “Defendant shall withdraw and terminate all civil criminal disputes with the victim in addition to the claim and obligation established by the Seoul Central District Court Decision 2007Gahap29350, supra, instead of taking the ownership of 302 houses D and 120 million commercial buildings worth KRW 100 million at the market price.”

The Defendant immediately withdrawn a criminal complaint against the victim, E, etc. according to the above agreement on August 19, 2009, and the victim issued the Defendant a certificate of personal seal impression in the name of E necessary for the registration of transfer of ownership under the name of the Defendant with respect to D housing 302 and commercial building 101.

However, the above E claimed that 2.5 billion won claim against the victim is true due to a sudden change, and did not cooperate in the procedure for the registration of transfer of ownership in the name of the defendant against D commercial building 101 and housing 302, and the defendant decided to continue the lawsuit for the cancellation of the registration of transfer of ownership against E in cooperation with the victim.

As the victim actively cooperates with the defendant by recognizing the defendant's claim for cancellation of registration of preservation of ownership against the victim, the defendant won the lawsuit against E, and completed the registration of ownership transfer with respect to D shopping district 101 and 302 under the defendant's wife F's name on July 21, 201, and thereby settled all obligations and obligations with the victim related to the 50 square meters ownership of the above D land.

However, the Defendant, separate from the transfer of the ownership of D Housing 302 and 101, brought a lawsuit seeking the cancellation of ownership transfer registration, and subsequently, brought a lawsuit seeking the cancellation of ownership transfer registration to the E, required the Defendant to pay the expenses that may not be paid by attorney-at-law fees, etc., and required to compensate the victim for KRW 4277,000 paid in relation to the said lawsuit.

The victim accepted the above demands of the defendant around September 7, 2010.