The judgment of the court below is reversed, and the case is remanded to Changwon District Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal on the part of breach of trust

A. If a real estate seller borrowed money from a third party before completing the registration of ownership transfer and set up a collateral, the damage suffered by the purchaser is equivalent to the value of the collateral that was used as a collateral among the real estate exchange value at the time of establishment of the collateral.

In addition, even if the amount of damages in the crime of breach of trust is not clearly calculated, it is unlawful to calculate the amount of damages in a case where the amount of damages incurred is specifically calculated and recognized (see, e.g., Supreme Court Decisions 98Do4022, Apr. 13, 1999; 201Do15179, Jan. 26, 2012). (B) According to the reasoning of the lower judgment and evidence duly admitted, the real estate that the Defendant concluded a sales contract with the victim and made the victim at the time of the registration of the transfer of ownership is 60 square meters out of 1,177 square meters of 30,000,000,000,0000,000,000 won, 1,777 square meters, 300,000,000 won, and 30,000,000 won, 30,000,000 won, and 30,000.

(c)

Examining these facts in light of the legal principles as seen earlier, the amount of damages suffered by the victim due to the Defendant’s establishment of each of the lower-class right is land F, which is land after the merger, barring special circumstances.