A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

【The First Urban Environment Rearrangement Project Association (hereinafter “B”) contracted the said construction to D Co., Ltd. (hereinafter “D”) on December 15, 2010, as the urban environment rearrangement project association that implemented the construction of main complex apartment and auxiliary facilities on the plot of land outside Seoyang-gu, Seoyang-gu, Seoyang-gu and 36. D subcontracted the construction of electric installations, etc. during the said construction to E (hereinafter “E”).

Although the above main apartment was completed around February 2014, D was unable to fully pay the construction cost under the above subcontract, D entered into a contract with D to acquire the right to claim for the transfer of ownership in the above apartment bonds against D's association, the right to claim for the transfer of ownership in the above apartment bonds (including F) against D's association, the right to claim for the transfer of ownership in the first apartment, cash 290 million won, in order to recover the construction cost of KRW 2,76,473,00, which is a part of the construction cost of July 31, 2014.

(F) On May 19, 2014, G Co., Ltd. becomes a trustee of G Co., Ltd. However, on August 31, 2014, the foregoing F becomes practically impossible to perform its duty because it is difficult to complete the registration of transfer of ownership to a third party since the notification of transfer of ownership reaches B Co., Ltd. or the registration of provisional disposition of seizure or prohibition of disposal has been completed due to the obligations of the Association.

In addition, E filed a lawsuit against B on the claim for the transfer of the contract price claim(Seoul Western District Court Decision 2015Gahap2775). However, due to the above facts, the obligation of B on October 6, 2016 to transfer the ownership of the said subparagraph F was partially accepted only for the claim for damages due to impossibility of performance.

[Judgment of the second instance court of the above civil lawsuit rendered on July 10, 2018 (Seoul High Court Decision 2016Na2073093), which held D's right to claim the registration of ownership transfer of each real estate against B, is not sold until the approval for use of the above apartment.