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(영문) 대구지방법원 2016.08.11 2015노4024
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the Defendant’s partial statement, F, G,O, P, and K’s statements, certified copies of the registry, proxy copies, and copies of the application for registration of establishment of a right to collateral security, the Defendant stated that the Defendant completed the sale of the shares to F, G,O, Q (hereinafter “F, etc.”) and stated that the Defendant obtained a certificate of seal imprint and seal, and did not explain the fact that the Defendant provided a security for additional loans, or did not have been agreed with F, etc., and thus, the facts charged can be acknowledged since the registration of establishment of a right to collateral security in this case is not consistent with the substantive relationship. Thus, the lower court erred by misapprehending the fact that the Defendant acquitted the Defendant, thereby adversely affecting the conclusion of the judgment.

2. The facts charged in the instant case “2015 Highest 82”

A. The Defendant, as the head of the residents’ autonomous council of Co., Ltd. (hereinafter “C”) (hereinafter “C”), was delegated by C with the authority to sell E apartment units and all related loan business when residing therein.

C At the same time, the ownership of the above apartment units has been completed, and at the same time the apartment units have been leased from the bank as security to the persons who have not paid the sale price. F (No. 106, 402, 107, and 407) and G (No. 105, 107, 107) have been granted special sale (registration of transfer of ownership on November 10, 201) as above.

In light of the fact that F and G did not pay the purchase price, the Defendant has the right to C as much as the unpaid part of the security value of the apartment unit sold in lots. Accordingly, it is concluded that C’s existing creditors (H, I, and J) provide it as security and organize the debt relationship and prevent the possibility of compulsory execution such as provisional disposition, etc.

After the explanation, the following F and G receive and keep the certificates and seals of their respective seals.

On the other hand, however,

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