특정경제범죄가중처벌등에관한법률위반(배임)
Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.
1. Defendant B of the facts charged in the instant case is registered as the co-owner with respect to the portion of 1676 square meters of the land in Yeongdeungpo-gu, Young-gu, Young-gu (hereinafter “instant land”). Defendant B, the husband, is registered as the co-owner with respect to the portion of 3306 square meters of land out of the instant land. Defendant A, as to the portion of 1653 square meters of land among the instant land, H, who is a number of co-owners, is registered as
The Defendants stated in the indictment of I Co., Ltd., a co-owner of the share of 8264m2 in the instant land as the owner of the above shares. However, according to the records of this case, the above owners of the above shares are recognized as the fact that J is the representative director, and thus the above correction is made.
With respect to the ownership relationship of the instant site between the representative director J and hereinafter referred to as “I”), the Defendants stated in the indictment that the Defendants continued legal disputes with J. However, according to the records of this case, the Defendants were found to have continued legal disputes with I, the representative director, and thus, corrected as above.
(hereinafter the same shall apply)
Legal disputes have continued to exist as to whether the instant land was purchased independently and sold to the Defendants, or whether I and the Defendants agreed to jointly purchase the instant land and agreed to jointly develop.
In Seoul Central District Court Decision 2007Gahap43219 decided August 22, 2007, the instant site was jointly purchased by the Defendants and I. In the case of the settlement amount under the Seoul Central District Court Decision 2009Gahap90431 decided February 10, 2012, the cooperative relationship was formed between the Defendants and I pursuant to the joint agreement between the purchase and development of the instant site. Of the instant site, the sale of part of the G shares from the purchaser is likely to be deemed to have disposed of without the consent, and the procedure to receive a refund from the purchaser constitutes the association’s business, and the procedure to obtain a refund from the purchaser is also not possible without going through the liquidation procedure.