logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.02.13 2013노4637
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. It was true that the defendant prepared each of the documents of this case in the name of D. However, since D read each of the documents and affixed its seal directly, it was all authentic documents, the judgment of the court of original judgment which judged otherwise is erroneous in the misunderstanding of facts.

2. According to the evidence duly adopted and examined in the judgment of the court below and the trial court, the following facts and circumstances are acknowledged, and according to this, it is recognized that the defendant prepared each of the documents of this case at his own discretion without the consent of D and affixed the seal of D. Thus, the facts charged of this case are found guilty, and the defendant's assertion is without merit.

① On May 30, 2008, the Defendant filed a lawsuit for registration of cancellation of ownership under the Daejeon District Court’s 2006Kahap4529 with respect to real estate, including the Dong-gu, Daejeon District Court (Seoul District Court). On May 30, 2008, the appellate court received a partial winning judgment (which ordered payment of KRW 129,322,429 and damages for delay) in the Daejeon High Court’s 2007Na8202 case, and filed an appeal against D on June 208 (Supreme Court Decision 2008Da41512).

② Around June 30, 2008, D entered into an agreement with the primary purpose of the withdrawal of the Defendant’s auction, the withdrawal of the appeal against D’s civil procedure, the transfer of ownership on the J real estate in the Chungcheongnam-gun, Chungcheongnam-gun, and the payment of KRW 40 million to the Defendant. On the same day, D sought the Defendant on July 3, 2008 following the withdrawal of the appeal and demanded the preparation of the written withdrawal of the auction.

③ On July 3, 2008, D found the defendant's office located in Sungnam-si and demanded the defendant to present and affix a seal to the letter of withdrawal of auction and the form of the agreement, which was prepared in advance. The agreement and the letter of withdrawal of auction were deleted and written. The defendant's letter of agreement and the letter of withdrawal of auction are written.

arrow