However, the defendant did not have the intention or ability to adjust the legal relationship on the register such as seizure of the above multi-family house and transfer the ownership of the above real estate to the complainant.

On July 18, 201, the Defendant received 66 million won as the down payment from the complainant on or around July 18, 201, and around August 25, 201, the Defendant acquired 40 million won as part of the intermediate payment under the pretext of arranging the legal relationship on the register and acquired 16 million won in total.

2. Determination

A. The defendant and his defense counsel asserted that he purchased and sold the above multi-family house to the complainant and received the down payment and the down payment. However, he asserted that the complainant did not have the intention or intent to acquire the ownership of the above multi-family house because he had intention or ability to transfer the ownership of the above multi-family house at the time of the sales contract.

B. (1) Determination is based on (1) the following circumstances acknowledged by the records of this case, namely, at the time of the conclusion of the instant sales contract, the Defendant was missing in difficult circumstances, such as provisional attachment, order to commence compulsory auction, etc., after the conclusion of the sales contract, the Defendant demanded the complainant to pay KRW 100 million under the pretext of deposit, and the Defendant demanded the complainant to pay KRW 40 million in advance from the intermediate payment on August 25, 201, and the Defendant received KRW 40 million from the complainant to the intermediate payment on August 25, 201. At the time of the date of the intermediate payment, the complainant provided the intermediate payment to the Defendant by means of money and bank balance, while the Defendant received the down payment and the advance payment, was provisionally seized in the instant multi-family