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(영문) 서울고등법원 2016.09.02 2016나4268
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The purpose of the Plaintiff is to prevent the occurrence of persons with disabilities caused by traffic accidents through traffic accident prevention activities, induce persons with traffic disabilities to participate in society and lead them to lead a healthy life.

The defendant, who was prior to obtaining corporate authorization, was the chairperson of the plaintiff from around 1990 to July 2009 and was in general in charge of the business of the plaintiff.

The co-defendant C of the first instance trial (hereinafter referred to as the "C") served as the head of the overall office of the Plaintiff and was in charge of the overall fund management.

B. On November 13, 2006, the Plaintiff received a successful bid in the real estate auction procedure (Cheongju District Court I) and completed the registration of ownership transfer on November 22, 2016.

C. Since January 9, 2008, the registration of ownership transfer was completed in the name of E, the mother of C on January 3, 2008, due to sale on January 3, 2008.

Even after the Defendant transferred the ownership transfer registration name of the instant real estate to E, the Defendant continued to keep the relevant documents, such as the certificate of registration.

On May 14, 2011, the Defendant sold the instant real estate in F amounting to KRW 460 million, and completed the registration of ownership transfer in F’s name on May 18, 201.

E. Around January 2013, the Defendant and C completed the registration of ownership transfer in the name of E, a title trustee, pursuant to a title trust agreement with respect to the instant real estate owned by the Plaintiff at Seoul Southern District Court around January 2008. Around May 2011, the Defendant and C sold the instant real estate stored in F for business purposes with the price of KRW 460 million and embezzled by arbitrarily using the price.

It was prosecuted for committing the crime of "......"

On February 14, 2014, the above court convicted the defendant and C respectively.

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