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(영문) 서울중앙지방법원 2014.08.14 2013고합882
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendants are not guilty. The summary of the judgment of this case is publicly notified.

Reasons

Defendant B is a director of the Ha Foundation (hereinafter “I Foundation”) of the Hadgwon in the fiveth floor of the Gangnam-gu Seoul Metropolitan Government G Building (hereinafter “H school”) and Defendant A is a representative director of the J. company implementing a reconstruction project.

From around 1981, 401, 501, and 502 of the fourth floor of the G building and the site ownership thereof (hereinafter “G building 4, 502”) were registered in the name of the Foundation, and used as the property of the H church. The 105 units of the G building and the site ownership thereof (hereinafter “G building 105”) were purchased from K on August 18, 1990 by the H school council and purchased from K, and registered in the name of L’s whole colon M. of the H church.

Defendant

B Following the aging of the HG building, B concluded a sales contract with the owner, etc. for the land located in Seocho-gu Seoul Metropolitan Government (hereinafter “O land”) to be used as the substitution site of the HG building on October 14, 2008, with a view to purchasing a substitute site instead of selling 4,5 and 105 units of the G building and constructing a new church. On July 17, 2008, the purport was delivered to the victim N who wishes to promote the reconstruction project of the G building, and around October 14, 2008, the purchase contract was concluded with the victim, etc. for the land located in Seocho-gu Seoul Metropolitan Government (hereinafter “O land”). From October 2008 to December 2, 2008, the purchase contract was concluded with the owner, etc. to pay the sum of KRW 1.47 billion from October 17, 2008 to the payment of the down payment and the intermediate payment.

On February 24, 2009, Defendant B concluded a sales contract with the victim on February 24, 2009 for KRW 1.4447 billion for down payment and intermediate payment of KRW 1.47 billion for the purpose of replacing the down payment and intermediate payment of the O land, and KRW 1.6 billion for the remainder of KRW 6.21 billion for the remainder of KRW 6.6 billion for the construction of new church buildings for the O land by the construction process.

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