(영문) 의정부지방법원 2017.11.07 2014고단4478

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(영문) 의정부지방법원 2017.11.07 2014고단4478

사기등

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On May 1, 2002, C entered into a trust agreement with F on June 27, 2003 and completed the registration of ownership transfer in the name of F, while it was anticipated that the enforcement against the instant loan was enforced due to the failure of the business, while C had sold and resided in the name of the wife D 401 of Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City (hereinafter “the instant loan”).

C On January 12, 2005, when G was awarded a successful bid in the auction procedure for the instant loan, G purchased the instant loan from G again on March 9, 2005, and concluded a trust agreement with F again on March 9, 2005, and completed the ownership transfer registration under H, the wife of F.

C On March 19, 2007, when F and H were to proceed to divorce, making it impossible to maintain a nominal trust agreement. Upon entering into a trust agreement with the Defendant known in ordinary sense, the Defendant entered into a trust agreement with the Defendant, and made a registration for the transfer of ownership of the instant loan in the name of the Defendant. In full view of such circumstances, the Defendant and H entered into a real estate transaction agreement with the Defendant necessary for the transfer of registration formally.

On April 209, the Defendant requested C to request C to file a request for auction to a general afforestation and processing fishery cooperative that created a collateral security on the instant loan, by taking advantage of the situation registered as the owner of the instant loan, but it was rejected from C, and the auction was conducted. C requested C to do so to I who was a high-speed line of the instant loan, and C decided C to purchase the instant loan and complete the registration of transfer of ownership in the name of I.

C and I agreed that the transfer of ownership to the loan of this case shall be handled within 30 days from the date of the contract with the special agreement, and 35 million won and 25 million won shall be succeeded to the creditor JJ's obligation to collateral security, and the remaining 20 million won shall be paid in return for the transfer of the name of the defendant.

[Criminal facts] 1.

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