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(영문) 대전지방법원 2018.10.18 2016고단2963
사기
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is a person who has run a company D (hereinafter “instant company”) that mainly engages in the trade, lease, etc. of the Seo-gu Daejeon-gu Officetel and a commercial building from January 18, 2007 to May 31, 201. Defendant A is a person who has operated the instant company from June 1, 201 to June.

The instant company purchased 18.79 billion won for Ctel 243 units and 65 units of commercial buildings on January 2007, and purchased 18.7 billion won for the purchase price to take over the existing lease deposit and the obligation to return the deposit money for lease on a deposit basis with about 10 billion won, and received the remainder from E Co., Ltd. for the loan.

Afterwards, when changing the main source from June 2007 to October 2007 to F, the company entered into a real estate trust contract with G and 63 units of officetels 162 units and commercial buildings, and the company became the first beneficiary and transferred the ownership to G as the trustee. The company of this case did not have its own capital at the time when the company of this case purchased Ctels and commercial buildings. The company of this case purchased and sold or leased the officetels or commercial buildings only after obtaining prior approval from G, the legal owner’s interest trustee, and the lease contract or lease contract concluded without prior approval from the trustee is null and void.

According to Articles 9(2), 10(3), and 10(4) of the Real Estate Security Trust Agreement concluded between the instant company and G, an act of restricting or reducing ownership, such as lease, mortgage, establishment of a right to lease on a deposit basis, sale and purchase of real estate, shall not be conducted with the prior approval of G, and such an act shall be subject to the prior approval of G, and the legal act in violation thereof shall be null and void, which is most general matters in the real estate security trust.

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