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(영문) 광주지방법원 순천지원 2016.02.19 2015고단1092
부당이득
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who served as a member of the Council Council (affiliated with the Industrial Construction Committee) of the fiveth (from July 1, 2006 to June 30, 2010) and sixth (from July 1, 2010 to June 30, 2014).

On August 2003, the Defendant acquired ownership of E forest land 2,00 square meters (around 605 square meters; hereinafter “the instant forest”). On April 2012, the Defendant concluded a sales contract with F Co., Ltd. (a representative G; hereinafter “F”) that intends to promote a rental apartment complex development project in the E House around KRW 726,00,000 in total (1.26,605 square meters x 605 square meters x 1.26,50,000 in total) and sold the instant forest land by dividing the sales contract into two agreements equivalent to KRW 302,50,000 in total and two agreements equivalent to KRW 302,50,000 in total, around that time.

Around December 2012, F filed an application for approval of a housing construction project plan with D. Around that time, H Co., Ltd. (the representative director I; hereinafter “victim H”) filed an application for approval of a housing construction project plan for the operation of a rental apartment development project with the affected company, and D established a district unit plan on Nov. 7, 2013 by formulating a district unit plan for the prevention of difficult development, etc., and the victim H obtained approval of a housing construction project plan from D on December 31, 2013.

On the other hand, among the forest land in this case purchased from F in accordance with the district unit plan established as above, approximately 9 square meters of the forest land in this case ( approximately 3 square meters, hereinafter “instant 3 square meters”). The victim H was planned to commence sale from March 2014, but the housing fund was approved as a premise for the commencement of sale. The housing fund was required to acquire the ownership of 100% of the entire site for the housing project. Thus, from the victim H’s perspective, it was necessary to acquire the ownership of 3 square meters of the instant land in this case, and if the acquisition is delayed, the housing plan was not implemented and it was imminent to cause a big loss.

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