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(영문) 수원지방법원 안양지원 2020.05.15 2019고단915
사기등
Text

The defendant shall be innocent.

Reasons

1. From January 1, 1996 to August 30, 2018, the Defendant was a person who owned land B in the name of the Defendant (hereinafter “instant land”) and a building on the ground (only from July 9, 1996 to July 9, 200; hereinafter “instant building”) under the name of the Defendant.

On April 1, 1996, the Defendant entered into a lease agreement with the victim D on the instant building with a deposit of KRW 40 million, monthly rent of KRW 1.5 million. From April 2001, the Defendant entered into a lease agreement with the victim on May 21, 2001 with a deposit of KRW 40 million, monthly rent of KRW 1.5 million, and the lease agreement was entered into with the victim on May 21, 2001 (hereinafter “instant lease agreement”). Since April 203, from June 2004, the lease agreement was renewed as KRW 1.9 million, monthly rent of KRW 2.5 million from July 201 to July 27, 201.

On November 2, 2017, the Defendant entered into a sales contract of KRW 3.1 billion with E engaged in the sales business of a building and the instant land, and upon entering into an agreement with the seller, the Defendant received KRW 310 million totaling KRW 610 million on December 15, 2017, upon entering into the contract, that “At present, the lessee shall be ordered to terminate the lease and order under the seller’s responsibility until the remainder date; hereinafter, June 29, 2018.”

The defendant requested the victim to conclude the above sales contract that "the original contract period shall be delivered the building on spring for the first one year," but the victim renewed the contract every 20 years, "if the victim is not able to be guaranteed five years pursuant to the Commercial Building Lease Protection Act, the premium shall be given." On the contrary, the defendant under pressure to the effect that the defendant should refund the amount of KRW 610 million received to E and the amount of damages for termination of the contract." On January 28, 201, the defendant is obliged to pay the maximum amount of KRW 91 million from the F Bank as security against the land and building in this case.

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