logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2012.12.27 2010도8617
배임
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The summary of the facts charged is the head of the office of the attorney-at-law office, A is the head of the reconstruction housing association (hereinafter “association”) which is the executor of the main apartment, and K is the representative director of the construction company which is the contractor of the main apartment.

A and the Defendant had a duty to complete the registration of ownership transfer for four main apartment complexes (Nos. 127, 128, 201, and 202) in the name of the partnership at the same time with the registration of ownership transfer for four main apartment complexes (No. 127, 128, 201, and 202). However, A, K, and the Defendant completed the registration of ownership transfer for No. 127 and 128 of the commercial building to N Co., Ltd. (hereinafter “N”), and offered Nos. 201 and 202 to T for the registration of ownership transfer for the main apartment under the name of the partnership on June 20, 208, immediately after completing the registration of ownership transfer for the main apartment under the name of the partnership, and immediately completing the registration of ownership transfer for the main apartment under the name of N Co. 127, 201, and 202.

Accordingly, the defendant, in collusion with A and K, acquired N and T property benefits and caused property damage equivalent to the same amount to V and U.

2. The judgment of the court below is based on the facts acknowledged by the evidence of the employment. ① The defendant received documents necessary for registration from V and U’s agent AD on January 10, 2008 and prepared a written confirmation to him/her. However, the contents of the written confirmation are merely to receive the registration documents from the court when the registration expenses are deposited, and the registration expenses or remuneration was not paid from the court. ② After the completion, the principal apartment was completed and the registration of preservation was completed in the name of the partnership.

arrow