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The defendant shall be innocent.
Reasons
1. On August 9, 201, the summary of the facts charged is as follows: (a) the written indictment for the sales contract for the Gyeonggi-gun E and seven parcels, and 23 square-type 16 units, 46 square-type 3 units, and 46 square-type 3 units, which are newly constructed on the land (hereinafter “instant real estate”) at the office of “D” located in Gangnam-gu Seoul on August 9, 201; (b) the Defendant stated that the written indictment for the sales contract for the above land and buildings is “the sales contract for the above 23th class, 16 units, and 46 square-type 3 units, which are located outside Gyeonggi-gun, and 8 parcels”; (c) according to the certified copy of each real estate registry and each of the real estate trust contracts, the “E and eight parcels” appears to be “E and seven parcels,” and the written indictment is written as if only the buildings, other than the above land, were the subject of the said contract, but all of the facts charged were included in the above new construction and the above land.
B concluded with the victim G.
The Defendant and the victim agreed to pay KRW 850,000,000 as the down payment and the first intermediate payment on the date of the contract, KRW 850,000 as the second intermediate payment at the 30th day from the contract date, and KRW 850,00,00 as the second intermediate payment, and KRW 4,30,000 at the time of the loan from a financial institution after the completion of
In accordance with the above agreement, the Defendant received KRW 850 million from the victim on the day of the contract, as the down payment and the first intermediate payment, and as such, at the time the F loan was completed, the Defendant’s duty to receive any balance at the time of the loan from a financial institution, and at the same time, to implement the procedure for the registration of ownership transfer of the instant real estate to the victim.
The Defendant, in violation of the foregoing duties, is urged by H Co., Ltd. (hereinafter “H”), a contractor, to pay construction costs, and H around December 14, 201.