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(영문) 수원지방법원 2014.11.19 2013고단7314
사기미수등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. From August 2007 to September 2007, the Defendant agreed to purchase “the fourth floor building, H, and I land on the land above the Jin-si G and the land above the E,” in the name of E, E, jointly with E, which had attended the same church.

Pursuant to the above agreement, the Defendant assessed the first 105 of the J building in Seoan-gu, Seoan-gu, Seocheon-gu (hereinafter “Yancheon-gu, Seocheon-gu”) at a price of approximately KRW 370 million and invested KRW 220 million in kind, excluding the secured debt of KRW 150 million, which is set up in the above cheon-gu, the actual owner, and agreed that E shall contribute KRW 240 million in cash.

On September 21, 2007, the Defendant and E entered into an exchange contract with K, the actual owner of the above party shopping mall, and the Defendant and E, to exchange the above “astronomical shopping mall and related land,” subject to the payment of the difference of KRW 280 million to K.

In relation to the above exchange contract, the Defendant and E respectively take over the total amount of KRW 530 million for the secured debt of the said party building and the right to collateral security established on the said party building and related land in the name of E F and E, but they planned to pay the interest on the said debt in the above amount of KRW 100 million for lease deposit and KRW 400,000 for the above amount of KRW 10,000 for lease deposit and KRW 400,000 for monthly rent.

E under the above exchange contract, on June 25, 2008, acquired KRW 350 million out of the above secured debt in the name of F, and on April 20, 2009, KRW 175 million in the name of L, respectively, but K did not pay the above monthly income due to the reasons such as the occurrence of disputes over the transfer of ownership of K and H land at the time of J and the above “H land.” As such, K did not pay the above monthly income, the amount equivalent to KRW 2.8 million in the monthly interest on the secured debt at the time of the above acquisition.

The Defendant, on September 1, 2009, against Ma, who is the nominal owner of K and H land in the name of F and the said “F land at the time of fact”.

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