Defendants are not guilty.

[Reference Facts] C (Death around November 3, 2012) is referred by Defendant A, Defendant B, and D.

C A around 1995 EF apartment ( approximately KRW 59.99m2, hereinafter referred to as “instant real estate”) in Gyeongbuk-gun, Gyeongbuk-gun, 1995.

After purchasing Eul and registering the transfer of ownership in the name of D, around October 24, 2007, in order to prevent D from arbitrarily disposing of the real estate of this case, the provisional registration of the right to claim the transfer of ownership under the name of C was made without any transactional act such as sale or donation.

The instant real estate was decided on August 24, 2016 to commence compulsory auction, and on July 27, 2017, the instant real estate was sold to G Co., Ltd. by compulsory auction, and its ownership was transferred to the victim on August 1, 2017.

On July 2017, Defendants came to know that the instant real estate was scheduled to proceed with compulsory execution by winning a successful bid to the victim.

[2] On September 27, 2017, Defendant A and Defendant B filed a lawsuit for the registration of transfer of ownership based on the provisional registration on the ground that Defendant A and Defendant B succeeded to D’s claim for the registration of transfer of ownership from the Daegu Suwon-gu, Daegu-gu, Daegu-gu, 364; and that Defendant A and Defendant B succeeded to D’s absence of trial around December 7, 2017, thereby having the Defendants completed the ownership of 2/11 share of the said real estate ex officio.

However, the above provisional registration in C’s name was null and void because it was not conducted without a separate transaction. Therefore, the Defendants did not have the right to inherit the provisional registration.

As a result, the Defendants conspired in collusion with the court to mislead the damaged party, thereby acquiring the ownership of 2/11 shares in the instant real estate equivalent to the market value of 18,00,000 won, and Defendant B owned the ownership of 2/11 shares in the instant real estate equivalent to the market value of 18,00,000 won.