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(영문) 수원지방법원 안산지원 2017.09.26 2016고단656
무고등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

"2016 Highest 656 square meters [the circumstances leading to the commission of the crime] Around June 1998, the Defendant purchased 1,226 square meters (hereinafter referred to as "the instant land") from E in Ansan-si around June 1998, but failed to obtain the registration for the transfer of ownership.

On December 1, 2002, the Defendant entered into a sales contract with respect to the instant land, which was still in the name of G around December 1, 2002, with the purport that “the purchase price shall be KRW 27 million, but the down payment shall be KRW 150 million, and the down payment shall be KRW 57 million shall be paid in December 28, 2002 at the time of the contract.” On December 2, 2002, the Defendant received KRW 150 million from G deposit as the terms of the down payment, and secured the performance of obligations under the said contract, and the Defendant established a collateral security right, a creditor-based creditor-based creditor-based creditor-based, on the instant land.

In order for the Defendant to register the transfer of ownership of the instant land to G, he/she shall obtain cooperation from the person in the name of the registration, but the above E did not cooperate in the procedure for registration of transfer of ownership on the ground that he/she did not receive any balance from December 2002, and the Defendant failed to perform his/her duty to register the transfer of ownership until April 2010.

Accordingly, on April 14, 2010, the couple of H, the south of G, talked about the economic situation that the Defendant was difficult to find, and requested the rescission of the contract of this case and the return of the down payment KRW 150 million and demanded the preparation of the confirmation document.

In response to the request of the above H husband and wife, the defendant was present with the above H husband and wife on the ground of his bad faith, etc.

At the request of the head of Dong Women I, the above I again promises that I return the down payment to G who purchased the total of the down payment, because the contract has not been performed due to the circumstances of the defendant who is the seller.

“The instant confirmation document” (hereinafter referred to as “instant confirmation document”) was prepared and issued to H husband and wife.

However, H shall tear the certificate of this case.

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