In the event that the seller files a complaint against the crime of breach of trust by notifying the seller of the cancellation of the contract without legitimate right of rescission and selling it to others, whether the crime of false accusation is committed (negative)

In the sales contract of the right to occupy and use a river site, the buyer's payment of the remainder and the seller's delivery of the waiver of the contract for occupancy and use of the river site are related to the simultaneous performance. Thus, even if the seller unilaterally provided the buyer's payment of the balance without preparing or providing a written waiver of occupancy and use of the river site, the above sales contract cannot be deemed to have been effectively rescinded. Thus, the seller's act of filing a complaint for breach of trust on the ground that the seller sold the river site to others after the notice of cancellation

Article 156 of the Criminal Act

Defendant

Prosecutor

Seoul Criminal Court Decision 84No2967 delivered on August 29, 1984

The appeal is dismissed.

The grounds of appeal are examined.

On the other hand, under the premise that the judgment of the court below is in a so-called simultaneous performance relationship with the buyer's remaining payment and the delivery of the written waiver of occupancy and use of the river site by the non-indicted who is the seller, for the right to occupy and use the Gyeonggi-do wall No. 863 square meters between the defendant and the non-indicted in the Gyeonggi-do House No. 863, and the sale contract between the defendant and the non-indicted in the above land, even if the non-indicted unilaterally provided the defendant's default of payment without preparing or providing a written waiver of occupancy and use of the above river site, the above sale contract cannot be deemed to have been effectively rescinded, and even if the non-indicted unilaterally provided the notice of the cancellation of the above sale contract, the fact that the non-indicted sold the above river site after the above notice by the non-indicted was sold to others, and the facts stated in the complaint of this case by the defendant who caused the crime of breach of trust cannot be deemed to have been objectively true and false

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeon Soo-hee (Presiding Justice)