beta
Text
The defendant shall be innocent.
Reasons
1. On August 24, 2004, the Defendant entered into a contract with the victim D to sell the land E (1,316 square meters of land (hereinafter “instant land”) at KRW 25 million, which is owned by the Defendant, at KRW 1,500,000,000,000,000 for intermediate payment around September 10, 2004, and KRW 10,000,000,000,000,000 around October 25, 2004, on the ground that the Defendant received the payment from the injured party for the registration of the transfer of ownership of the instant land and did not transfer or offer it as security without the consent of the victim.
Nevertheless, on July 2, 2015, the Defendant violated his duty and received a loan of KRW 25 million from the Agricultural Cooperative of Sejong Sejong-si, the Defendant arbitrarily made a registration of the establishment of a collateral security with the debtor as the defendant (A) and the maximum amount of the claim, and the establishment of superficies on the whole land of this case.
As a result, the Defendant acquired the financial benefits equivalent to KRW 30 million, the maximum amount of the above-mortgaged mortgage claim, and caused the damage equivalent to the same amount to the victim.
2. In full view of the following circumstances acknowledged by the record of judgment, the evidence submitted by the prosecutor alone, which led to the Defendant’s intentional breach of trust.
It is difficult to readily conclude.
A. In general, in a real estate sales contract, a seller is in a position to deal with another person’s business by bearing the seller’s obligation to perform the registration procedure for ownership transfer on the object of sale.
However, since the obligation to implement the registration procedure for the transfer of ownership is premised on the buyer’s right to claim for the registration of transfer of ownership in force, the seller cannot be said to assume the buyer’s obligation to perform the registration procedure for the transfer of ownership in the event the extinction of the right to claim for the transfer of ownership in accordance with the sales contract is completed.