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(영문) 울산지방법원 2016.09.02 2015고단1573
사기등
Text

The summary of the judgment of the defendant is not guilty.

Reasons

Summary of Facts charged

1. Around December 26, 2012, the Defendant concluded a sales contract with the victim D and Busan, E-gun, Busan, to sell a price of KRW 170,300,000 for KRW 558.26 square meters and shares in a road site. The Defendant said, “Around February 15, 2013, the Defendant would resolve all restrictions on ownership, such as collateral security established on this land, and transfer the ownership of the land by dividing the land into the land, by means of resolving all restrictions on ownership, including collateral security established on this land, until February 15, 2013, which is the remainder of the payment date.”

However, the fact was that FF corporation, the actual owner of the site at the time, was unable to pay the interest on bank loans, construction costs, etc. during the process of implementing the housing development project for the site for the site for electric power resources, and the development was de facto interrupted, and it was difficult to pay development charges, local taxes, etc. to the authorities. Therefore, after cancelling the right to collateral security established on the site, there was no intention or ability to complete the

On December 26, 2012, the Defendant, as above, received KRW 20 million as the down payment from the victim, and obtained KRW 40 million as the intermediate payment around January 31, 2013, and acquired KRW 60 million in total from the victim.

2. No person who violates the Act on the Registration of Real Estate under Actual Titleholder's Name shall register any real right to real estate under the name of the title trustee according to the title trust agreement;

On July 2, 2012, according to the title trust agreement with G around July 2, 2012, the Defendant prepared a false sales contract with the seller F Co., Ltd. and the purchaser G for approximately KRW 3,627 of the site, such as H, E, I, and J, which he/she owns the F Co., Ltd., the representative director, and completed the registration of ownership transfer in the name of G around July 23, 2012.

Maz.

1. As to the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Article 2);

(a) the registration in the name of the de facto holder of the real estate applicable to the instant case;

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