"2013 Highest 845"

1. On June 3, 2010, the defrauded B borrowed KRW 70 million from the victim B, and on June 3, 2010, the Defendant established a provisional registration of the right to claim ownership transfer of an apartment building No. 903 Dong 1501, Yeongdeungpo-gu, Young-gu, the Defendant owned the Defendant for the security purpose.

On October 201, the Defendant found the case in Ean, which is located in D in the city of Changwon-si operated by the victim, and said, “No person who wants to enter because of a provisional registration is having different apartment pre-sale value. On the face of the principal after cancelling the provisional registration, the mother would set up a collateral security on F apartment No. 103 Dong 701 in Changwon-si, Gyeongnam-si, Gyeongnam, the mother, and would pay the debt by raising the deposit for the pre-sale.”

However, even if the victim had cancelled the registration of the right to claim ownership, the defendant did not have the intent or ability to set up the right to collateral security on the apartment in the name of the mother of the defendant or to repay the borrowed money.

On October 18, 201, the Defendant had the victim cancel the registration of the provisional right to claim ownership transfer on October 18, 201, thereby acquiring pecuniary benefits equivalent to KRW 70 million, which is the above debt amount.

2. On June 15, 2012, the Defendant borrowed KRW 26 million from the victim G on the part of June 15, 2012, and for the security purpose, on June 13, 2012, the Defendant established the provisional registration of the right to claim ownership transfer on the apartment of the Gyeonggi-gu Seoul apartment 903 Dong 1501, which is the Defendant’s ownership.

On May 2013, the Defendant called the victim by phoneing the victim at an infinite place, and saying, “I will sell the apartment house and repay the borrowed money if it exceeds the auction.” In order to cancel the provisional registration, I would like to sell it.

However, the defendant did not have the intent or ability to repay the borrowed money even if the victim had the right to claim the transfer of ownership cancelled the provisional registration.

The defendant, who belongs to this, shall cause the victim to do so on May 2013.