The case holding that there is an error of incomplete deliberation or misapprehension of legal principles as to whether breach of trust has occurred in a case where a person having a right to lease on a deposit basis without impairing the registration of the establishment of chonsegwon and

When the defendant concludes a lease contract with the victim only for the land and building on which the establishment of a lease contract of KRW 130,00,000 was registered, the court shall make a registration of the establishment of lease right of KRW 130,000,000 for lease deposit and without making the registration of the establishment of lease right of KRW 270,000 for the above land and building to a third party for the above land and building without making the registration, and in examining the facts of public prosecution that inflict damages on the owner of lease right of KRW 270,00 for the above lease deposit, it shall be determined whether the damage was inflicted on the victim by clarifying how the secured value of the building at the time of the establishment registration of lease right of KRW 2.0,00 for the first time. However, the court below did not err in the misapprehension of legal principles as to the loss of the defendant's obligation to return lease right by the establishment of lease right of KRW 270,000 for the above land and building after nine months elapsed.

Article 355(2) of the Criminal Act

Defendant

Prosecutor

Attorney Jeon Byung-hoon

Seoul High Court Decision 88No3784, 89No1833 (Consolidated) Decided September 8, 1989

The non-guilty portion of the judgment below is reversed, and that part of the case is remanded to Seoul High Court.

We examine the grounds of appeal.

The records revealed that the Defendant was not guilty of the above right to collateral security on 1987.3.4 billion won between the above right to collateral security and the above right to collateral security on 1.7 billion won and the above right to collateral security on 409 square meters on 409 square meters above the above right to collateral security. The Defendant established a right to collateral security on 180 million won on the site of the above right to collateral security on 1987.2 billion won on 1987.4 billion won on 1987.4 billion won on 1987.4 billion won on 1.6 billion won on 200 million won on 1987.4 million won on 1.6 billion won on 200 million won on 10 million won on 14 billion won on 14.6 billion won on 14 billion won on 14 billion won on 14.4 billion won on 14 billion won on 14 billion won on 1987.

However, after the defendant registered the establishment of a lease on a deposit basis of KRW 130,000,000 for the land and building at the original time, the issue of whether the defendant suffered damage to the person having a lease on a building by completing a lease on a deposit basis of KRW 270,000 for the land and building at KRW 130,000 for the land and building only without registering the establishment of a lease on a deposit basis, shall be determined by stating how the collateral value of the building as of November 2, 1987, which was registered the establishment of a lease on KRW 2,00 for the land and building at the original time.

The court below erred in the misapprehension of legal principles as to damages for breach of trust and in incomplete deliberation, since the court below did not err in the misapprehension of legal principles as to damages for breach of trust and in the incomplete hearing, since it did not err in the misapprehension of legal principles as to the security of the defendant's obligation to return the deposit money to the victim by examining only the market value of the land and building as of August 5, 198, which was nine months after the registration of establishment

Therefore, the non-guilty portion of the judgment below is reversed, and this part of the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)