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(영문) 대전지방법원 천안지원 2020.02.20 2019고단357
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who has exercised the right of retention upon delegation by a subcontractor that had not been paid the construction cost despite the progress of construction work at the construction site of Yeongdeungpo-gu Seoul Metropolitan Government Btel.

On February 2, 2009, the Defendant, at the construction site of Yeongdeungpo-gu Seoul Metropolitan Government, the construction of which was interrupted due to the payment of the construction cost, obtained the consent of the victim by requesting the victim D to file a claim with the victim for the payment of the commercial building at the time of the fact that C had a claim for the payment of the compensation amount of KRW 700-80,000 necessary to resolve the lien problem, and that C had a claim for the payment of the compensation amount of KRW 7,00 to KRW 80,000 for the payment of the compensation amount.

On February 2, 2009, the Defendant found the “F” operated by the victim in Asan-si E along with Defendant C on February 2, 2009, and concluded that the Defendant provided the victim with the right to sell Btel G, the sales price of which was fully paid by the Plaintiff, as security, and if the registration of the establishment of the said Btel G is not cancelled, the ownership of the said Btel G will be transferred.

However, even if the Defendant completed the establishment registration of a neighboring commercial building with the victim-owned commercial building as collateral, it did not have the intent or ability to cancel it normally thereafter, and did not hold the right to sell the above Btel G at the time. Therefore, even if the establishment registration of a neighboring commercial building was not cancelled later, the Defendant did not have the intent or ability to transfer the ownership of the above Btel G to the victim.

As above, the Defendant deceptioned the victim and caused the victim to do so, and caused the victim to do so on March 5, 2009, HA and the commercial building owned by the victim under subparagraph I, the debtor JJ Co., Ltd., the creditor K Co., Ltd..

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