[배임][공1987.2.1.(793),180]
In the case of the transfer of the real estate by the second and second assignment, if the seller has fulfilled the obligation to transfer the ownership to the first buyer, whether the seller has committed a breach of trust against the subsequent buyer
If the seller sells double real estate, it cannot be said that the seller breached the duty of transfer of ownership to the prior buyer, thereby violating the duty against the buyer.
Article 355(2) of the Criminal Act
Supreme Court Decision 77Do1116 Delivered on October 11, 1977
Defendant
Prosecutor
Busan District Court Decision 85No1938 delivered on February 28, 1986
The appeal is dismissed.
We examine the prosecutor's grounds of appeal.
The court below acknowledged that the defendant's sale of the above apartment to the non-indicted 1 corporation's representative director was not subject to the non-indicted 501 and 402's new construction of new apartment, and that the non-indicted 1 corporation's sale of the above apartment was not subject to the non-indicted 1's obligation to transfer the above apartment house to the non-indicted 1 corporation's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 5's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's ownership.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Yoon Il-young (Presiding Justice)