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(영문) 대구지방법원 경주지원 2016.01.14 2014고단1076
사기미수
Text

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

Reasons

1. On November 8, 2013, the Defendant: (a) filed a lawsuit to the effect that the victim D’s right to request the transfer of ownership, which was completed in the name of Defendant E, was registered; (b) the right to request the establishment of collateral security; and (c) the registration of ownership transfer completed in the name of Defendant H (hereinafter “each of the instant registrations”), which was completed in the name of Defendant E (hereinafter “each of the instant registrations”) on the following grounds: “F borrowed KRW 30 million from Defendant’s mother-do, and paid KRW 136,00,000,000,000 from Defendant F; and (d) submitted to the court for the purpose of securing the registration of each of the instant registrations; and (e) submitted evidentiary materials for the purpose of securing the right to request the purchase of real estate in the name of each of the instant registrations.” (e.g., the right to request the transfer of ownership and the registration of collateral security rights; and (e) submitted the written contract for the purchase of real estate in the instant case.”

However, on June 8, 2011, the Defendant lent F with a loan of KRW 30 million to F, and completed each registration of the instant case in order to secure this, and the victim and F knew that the victim was transferred the instant land from I, who was the abandoned land, prepared and kept a real estate transaction contract, etc. in the form that I would protect the instant land from his heir, and did not purchase the instant land from the injured party.

In addition, the Defendant merely lent F with F KRW 30 million, and there was no fact that F and the victim paid KRW 80 million as the purchase price.

Nevertheless, the defendant's custody of the real estate transaction contract, confirmation letter, etc. prepared in the form of the defendant, thereby deceiving the court and obtaining a final judgment in favor of the court, and registering cancellation of each of the registrations of this case.

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