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(영문) 울산지방법원 2012.02.03 2010고단3566
사문서위조 등
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

A is a licensed real estate agent who has operated the Ulsan-gu I Licensed Real Estate Agent Office. Defendant B is a broker assistant of the said office. Defendant C is a person who owns 489m2 and 477.27m27m2 (hereinafter “instant real estate”) of land on two lots outside Ulsan-gun, Ulsan-gun, Ulsan-do, and the total floor area of 3m2m27m2.

Defendant

Around January 5, 2007, Defendant C, under the initiative of B, entered into a sales contract with K to sell the instant real estate in total at KRW 980,00,000,000, but the same year.

6. Around 26, K filed a civil lawsuit claiming the return of KRW 100 million paid as down payment (Ulsan District Court 2007Kadan32794) by asserting that it had a deception or mistake in the process of purchasing the instant real estate against Defendant C.

On the other hand, Defendant B solicited L to purchase the instant real estate which had been delegated with the real estate brokerage transaction several times before, and L to purchase the instant real estate from Defendant C in the name of her husband at the above brokerage office around May 29, 2008, the real estate was purchased from Defendant C in the name of her husband at KRW 880,000,000, and the down payment of KRW 100,000 shall be immediately paid and the intermediate payment of KRW 530,000,000 shall be substituted by succeeding to Defendant C’s agricultural loan obligations, and the remainder of KRW 250,000,000 was paid on June 20, 2008.

The Defendants, as above, require L to purchase the instant real estate at KRW 880,00,000, while Defendant C sold the instant real estate at KRW 980,000 to K around January 5, 2007, but at an appropriate point of time due to K’s cancellation of unfair contract, thereby selling the instant real estate to L for KRW 850,00,000, which fell above 100,000, thereby pretending that Defendant C suffered considerable loss.

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