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(영문) 대전지방법원 천안지원 2015.01.16 2013고단1825
사기
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

On April 30, 2010, the Defendant, as an actual operator of H established for the purpose of building construction business, etc., concluded a sales contract with the owner of the land in the Center, including “N partially 23,140 square meters” (hereinafter “the instant land”) from the victim JJ Co., Ltd., which sought to purchase the site of factory in the above company office located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu.

After the payment of down payment of KRW 2.97 billion in total, including down payment of KRW 270 million in total, intermediate payment of KRW 1.7 billion in total, KRW 1.7 billion in the intermediate payment, and KRW 1 billion in the remainder, and paid the balance to the landowners, at the same time, the ownership of the instant land is transferred, and the civil works are completed by the payment date of the remainder.

“A contract for land and civil engineering works” with K around June 8, 2010, when concluding “a contract for land and civil engineering works” with K for the instant land, the registration of ownership transfer of the instant land was completed by July 31, 2010, which is the date of payment of intermediate payment, by July 31, 2010, after completing the civil engineering works until October 31, 2010, which is the remainder payment date, and in the event that the contract is not performed, the amount of the down payment will be repaid.

However, in order for the victim to complete the registration of ownership transfer for the instant land to be completed, the land division should be conducted with the approval for land use from all the land owners of theO, including the instant land, and the land division should be conducted after obtaining a permit for the establishment of a factory with the approval for land use. The remainder of KRW 583,740,000 from February 28, 2010 to Q, the owner of the instant land, other than the instant land, within theO, was not paid until February 28, 2010, and even if Q would have received KRW 300,000 from the victim, it was thought that Q would not pay any balance for Q, but for the corporate operation funds, etc., even if Q would have been used at any time because Q would have been canceled or Q would have withdrawn the consent for land use. Therefore, the ownership transfer registration of the instant land was completed by July

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