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The judgment of the first instance shall be reversed.
The case is remanded to Seoul Central District Court Panel Division.
Reasons
1. It is not appropriate to conduct a strict interpretation of the same extent as the requirements for restriction on re-prosecutions after the cancellation of the public prosecution in applying the restriction provisions on re-prosecutions after the dismissal of a request for ruling on the gist of
In addition, even though the prosecutor newly discovered evidence after the decision to dismiss the application for a ruling of this case became final and conclusive, the prosecutor dismissed the prosecution of this case on the ground that the facts charged in this case did not reach the level of sufficient conviction, and that the prosecution of this case constitutes null and void in violation of the provisions of law. Thus, the court of first instance erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, even if the prosecutor additionally examined the newly discovered evidence after the decision to dismiss the application of this case.
2. Case history, progress, and summary of facts charged
A. On May 1, 2006, the Defendant’s 10 households (101, 102, 103, 201, 202, 203, 301, 303, 301, 303, 401, 403, and 10 households among the victim F and Yongsan-gu Seoul Metropolitan Government 17 apartment units on the ground of Yongsan-gu, Yongsan-gu, Seoul, and the Defendant’s apartment units together with the instant apartment units.
2) As to the sales contract (hereinafter “instant sales contract”)
On May 17, 2006, the victim entered into a provisional registration for the apartment of this case with Defendant, N,O, P, Q, R, etc. However, the Defendant did not perform the procedures for registering the establishment of a neighboring mortgage on each real estate which was provided as security for intermediate payment and incidental expenses, and completed the registration of the transfer of ownership on May 9, 2006 for some of them. The victim around September 2006.