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The defendant shall be innocent.
Reasons
1. The facts acknowledged based on the records of this case are as follows.
A. While the complainant F (hereinafter only referred to as the “ complainant”) was established and discovered out a plan to board for the purpose of medical care of the husband, for the purpose of open care, the complainant purchased the housing site and the low-rise housing located in Gyeyang-gun, Gyeonggi-do around June 2009 as the broker of the real estate intermediary, and subsequently, the complainant purchased the housing site and the low-rise housing located in Gyeyang-gun, Gyeonggi-do around June 2009, and thereafter, he newly built the two-story housing and resided in the said housing site from the beginning of the beginning of the year 2017.
B. On the other hand, around May 30, 2010, the Defendant’s husband: (a) was delegated by K, L, M, and N, with the authority to dispose of the land of 9,932 square meters in total, including K, L, M, and N, and 1,01 square meters of the J-si in Gwangju-si (hereinafter “instant forest”).
H sold L and M 2 of the five parcels above around 201 to NonpartyO in each amount of KRW 150,000,000,000 for each of them, and then completed the transfer of ownership of two parcels toO with only KRW 1,50,000 for each of them.
(c)
On January 13, 2012, the complainant knew that O purchased (investment) the said two parcels of land, and entered into a contract with the Defendant (hereinafter “instant contract”) to purchase the forest land at KRW 100 million (hereinafter “the instant contract”). However, the purchaser’s name was P. of the complainant.
At the time of January 13, 2012, Q’s claim amount of KRW 2,08,000 as to the forest of this case was set out in Q’s name (Provided, That the right of pledge is set up in the name of Sejong Mutual Savings Bank with respect to the foregoing right of collateral security), and superficies were set up in Q’s mutual savings bank.
According to the record of the instant contract, KRW 100 million was the date of the payment of the purchase price, and KRW 20 million was the date of the intermediate payment, and KRW 20 million was the intermediate payment on January 30, 2012, and KRW 70 million was the year 2012, and the date of delivery of real estate was also written only in 2012.