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(영문) 서울동부지방법원 2013.07.03 2012고단3323
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant, around July 8, 2004, completed the registration of ownership transfer after having sold C Apartment 502 (hereinafter “instant apartment”) from the Dam Chang-si Co., Ltd., the executor company of the apartment at Namyang-si (hereinafter “instant apartment”). The instant apartment was unable to acquire the ownership of the relevant site, and there was no right to site ownership.

The defendant, around October 26, 2005, sold the apartment of this case to D around 260 million won, "the first sales contract to sell the apartment of this case to D".

B, D was paid 20 million won as down payment, and D was occupied in the apartment of this case.

A victim E deemed the sale price to be erroneous if only the problem of site ownership of the apartment of this case is resolved, and entered into an agreement with F to purchase the apartment of this case with the investment of the purchase price of the apartment of this case and the cost of solving the site ownership from F around August 17, 206.

Around August 18, 2006, the Defendant entered into a sales contract with D on the instant apartment at the office of F located in Seocho-gu Seoul, Seocho-gu, with D and received the down payment, and had D move into and reside in the instant apartment at the same time. However, even if D did not pay any balance after the payment of the remainder, if D and it was in a state of refusing to carry out the instant apartment name, it may cause trouble in the actual performance of the contents of the sales contract. However, the Defendant concealed the above circumstances to the victim for the purpose of raising funds to cover the Defendant’s debt demand by H and I, the creditor of the Defendant, with the aim of raising funds to cover the debt demand in excess of approximately 110 million won, thereby making it false to the victim and the victim of the instant apartment name.

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