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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is that the defendant, on his behalf, sells 986 square meters (hereinafter “instant real estate”) out of 1,547 square meters in Nam-si, Namyang-si, E to I and before completing the registration of ownership transfer, the registration of ownership transfer made in the name of K in the name of the Dispute Resolution Co., Ltd. (hereinafter “the instant registration of transfer”) shall be based on the buyer’s consent, I. Even if the defendant and F actually controlled the ownership transfer registration, and even if the defendant and F did not consent, the registration of ownership transfer was not impeded, and thus, it did not cause any loss to I. The court below found the defendant guilty of the instant facts charged, or erred by misapprehending relevant legal principles, which affected the conclusion of the judgment.
2. Around November 1, 2010, the Defendant: (a) concluded a sales contract to sell the instant real estate owned by the Defendant F to J’s representative director, the injured party, at the instant coffee shop located near HJ located in Seoul Special Metropolitan City, Nowon-gu; (b) concluded a sales contract to sell the instant real estate in the shape of KRW 1.75 billion; (c) set down a down payment at KRW 30 million, intermediate payment, KRW 70 million, and remainder KRW 750 million; and (d) the instant real estate located in the natural green belt, which is a Class A general residential area.
Around that time, the Defendant received down payment of KRW 300 million from the victim, KRW 400 million on January 20, 201, and KRW 700 million on January 31, 201, and KRW 31 billion on the part of the Defendant, and the foregoing special agreement received any balance from the victim and completed the registration of ownership transfer for the instant real estate.
However, the Defendant violated the above duties and thereby doing so.
3. 21. When the instant real estate was changed to a Class-I general residential area, the same year.
4.7. In the name of K in the Namyang District Court, the Namyang District Court shall in the name of K in respect of the instant real estate.