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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 22, 2014, the Plaintiff and D were issued KRW 25 million as a check on the same day by the Defendant and KRW 50 million on April 23, 2014 to Defendant B, stating that “There is insufficient money for Defendant B to obtain an auction on 12 parcels of forest land, such as Gyeonggi-do Yang-gun E, etc. without money. If money is not paid, the land acquired through an auction will be returned within one week if money is lent.”
(Total 75 million won. On May 10, 2014, the Plaintiff and D promised to transfer the forest land “the Gyeonggi-do E 650 square meters and partial road shares” to 17.2.5 million won in the name of the Defendant’s name, and received KRW 45 million in total, including the down payment and intermediate payment which has not been repaid to the previous Defendant B, and the remainder 47.25 million in the name of the Defendant C immediately if they pay the remainder 47.2.5 million in the name of the Defendant C, the Plaintiff and D received from the Defendant C a sum of KRW 45 million in the name of the Defendant C, including the remainder.
D Around October 7, 2014, Defendant B made a false statement to the effect that “The transfer of ownership by Gyeonggi-do Yangyang-gun E was made to two persons other than F, and thus, it is necessary to pay money in order to transfer ownership under Defendant C’s name because it was only lent to the name related to road works. If the money is lent, it shall be repaid without molding until two weeks after the loan.” This was received KRW 13.3 million from Defendant B on the same day.
B. The Defendants determined the maximum debt amount as KRW 200 million with respect to the real estate indicated in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), and completed the registration of the establishment of a neighboring mortgage as the recipient No. 14561 on April 6, 2015.
(hereinafter “instant collateral security”). C.
If the Plaintiff and D did not pay the above money, the Defendants filed a complaint with the Plaintiff and D as a crime of fraud, and on February 1, 2016, the said complaint was filed with the Suwon District Court’s branch.
The plaintiff was sentenced to imprisonment for 8 months and D with prison labor for 10 months as stated in the facts charged of the crime
(No. 629).