logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.11.21 2014노3160
배임
Text

The judgment of the court below is reversed.

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

Reasons

1. The facts charged and the judgment of the court below

A. On June 2, 2006, the Defendant, as the representative director of E Co., Ltd. (hereinafter “E”), who is an apartment executor, purchased four lots of land (hereinafter “instant land”) such as 109m2, J. K road 136m2, 99m2, and 96m2, which are owned by six owners, including the victim G, in the Jeon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the Defendant agreed that “G shall transfer the said land to KRW 1.2 billion, and the buyer shall pay the remaining amount in cash, and the remaining amount shall be completed at the same time (47m2) of the apartment land constructed in the Jeju Special Metropolitan City, including the victim G, and the agreement was reached between the Defendant and the victim (hereinafter “each of the instant agreements”).

On June 2, 2006, the Defendant deposited KRW 900 million in cash into the account designated by the Victim G, and completed the registration of ownership transfer of the instant land from the victim, etc. who is the landowner, etc., so there was a duty to complete the registration of ownership transfer of one apartment bond (47 square meters) completed by the said agreement.

After that, on December 24, 2010, the Defendant transferred the entire site and the right to execute the apartment site including the instant land on which the trust registration was completed in the name of the International Asset Trust Co., Ltd. at the International Asset Trust Co., Ltd. office located in Samsung-dong, Gangnam-gu, Seoul, as of December 24, 2010, to the Young Construction Co., Ltd.

As above, the defendant had the duty to transfer the ownership of one apartment bond constructed on the land of this case to the victim, so in selling the land of this case to Young Construction Co., Ltd., the buyer notified the matters agreed with the victim or implement the procedure for ownership transfer registration.

arrow