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(영문) 대전지방법원 2012.02.20 2011고단1717
사기
Text

The defendant dismissed the application for compensation of this case.

Reasons

1. The facts charged, Co., Ltd. publicly announced the tender of 242 units of Daejeon G Officetel, the trust property of the F Co., Ltd. on August 30, 2007, under the condition that H would completely pay any balance within one month from the date of the contract at the time of the successful bid on August 30, 2007, but upon the request of H Co., Ltd. on October 22, 2007, as to the 200 units of the instant real estate, the Defendant was the representative director, and on November 5, 2007, E Co., Ltd., upon receipt of the said request, requested the purchaser of the instant real estate, who was the Defendant as the representative director, entered the sales contract on October 22, 200 units in the remainder in the sales contract for the said 20 units, and entered as the date of payment on May 25, 2005 the remainder in the sales contract for the said 20 units.

On February 29, 2008, E notified the Defendant that he would cancel the sales contract without paying any balance by March 10, 2008 when demanding the payment of the balance to the Defendant. However, the Defendant paid only the balance to the care rooms on March 7, 2008, and did not pay any balance to the other care rooms, and E urged the payment of the remainder on March 17, 2008, and notified the cancellation of the sales contract for the 199 units out of the above 200 units units units units.

Nevertheless, without prior consultation with E, the Defendant sent a certificate of content demanding the postponement of payment date until April 20, 2008, and unilaterally deposited 700 million won out of the balance to E on April 18, 2008 and April 22, 2008. However, the Defendant failed to pay the remainder, and was returned 700 million won from E on May 9, 2008.

In fact, the Defendant did not have any authority over the above officetels since some of the balance that the sales contract had already been cancelled and was unilaterally deposited to maintain the contract.

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