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1. The defendant is innocent. 2. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant is a standing member of the “D Housing Association” for the purpose of constructing a building with the third underground and the 46th ground-based concrete structure in the land located in Busan Shipping Daegu C, and E is the owner of the land located in Busan Shipping Daegu.
On May 20, 2014, at the office of the above union located in the second floor of the Busan metropolitan Daegu GG building, the Defendant issued a land purchase agreement and a written consent for land use in the name of E for the construction of the above building. However, on June 9, 2014, the Defendant received a certificate from E to the effect that he would cancel the above land purchase and sale agreement and the consent for land use. As such, the Defendant did not have the right to use the above land purchase and sale agreement and the written consent for land use in the name of E in connection with the construction of the above building for which the said union promoted.
Nevertheless, around November 14, 2014, the Defendant submitted an application for deliberation of the construction committee (change) for the construction of the building to the employees of the Maritime Authority in the building department of the Maritime Authority in Busan Metropolitan City, and submitted a written consent for the use of the land in the name of E without authority to the employees of the Maritime Authority.
2. Determination
A. On May 20, 2014, the complainant issued to the Defendant a written consent to the use of the land on his/her own land (MGF) on or around May 20, 201, but revoked the consent to the use of land on or around June 9, 2014, the complainant stated to the effect that the Defendant submitted an application for deliberation by the Construction Committee (change) around November 14, 2014 without any authority and submitted a written consent to the use of the land in the name of the complainant.
B. The Defendant made a statement at an investigative agency to the effect that he/she submitted a written consent to the use of land to the effect that he/she is accompanied by a written application for deliberation (a change) (see, e.g., evidence records 160 pages, 197 pages).
However, the defendant filed a request for formal trial against a summary order, and around May 20, 2014 as stated by the complainant.