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(영문) 수원지방법원 2015.07.16 2015고단515
배임
Text

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

Reasons

1. The summary of the facts charged is as follows: (a) on December 11, 2009, the Defendant entered into a contract with the victim F to pay the remainder within three days from the date of issuance of the development permit, and (b) on the date of the second intermediate payment, KRW 450 million, and KRW 100 million to pay the remainder to the victim within three days from the date of receipt of the development permit; and (c) on the grounds that the remainder of KRW 100 million was paid to the victim by December 26, 2010 and KRW 100,000,000,000,000 from G (H and I) to the forest land of KRW 399 to December 6, 2010.

On May 16, 2012, the Defendant borrowed gold KRW 2 billion from the creditor J and concluded a mortgage agreement with the maximum debt amount of KRW 2 billion with respect to the Defendant’s share in the Suwon-si Suwon-si G on the registration conversion and divided portion of the registration conversion, and completed a mortgage agreement with the J on May 17, 2012.

On or around June 18, 2013, the Defendant applied for a compulsory auction of KRW 450,000,000 for a claim amounting to KRW 141,125,125 of the shares in H and I, which were completed registration conversion and subdivision in Suwon-si G in Suwon-si District Court, to Suwon-si District Court. On or around March 11, 2014, the Defendant applied for a compulsory auction of KRW 450,000,000 for another obligee, and the Defendant applied for a dividend of the claim amounting to KRW 534,160,000 and its judgment. The Defendant avoided the said compulsory auction, and the Defendant applied for a compulsory auction of KRW 42,00,000,000 for debt amount to L, which is another obligee of the Defendant, in the name of the Defendant’s above real estate 141,125,896,186,00 in the name of the H. 130,479.

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