beta
Text
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is the actual operator of E Co., Ltd. (hereinafter “E”) holding a lien of an amount equivalent to KRW 2.6 billion on the land owner of C’s main apartment and commercial building (including 41 apartment units, 20 commercial buildings, hereinafter “C apartment”) located outside Mapo-gu Seoul, and the Defendant is a person who jointly operates F Co., Ltd. (hereinafter “F”) established for the purpose of selling C apartment units (hereinafter “F”).
H concluded a contract on June 10, 2015 with the representative director of the I Co., Ltd. (hereinafter referred to as “I”) who is a sales agent, for the purchase of apartment units and the sale of apartment units from the Defendant of E, and entered into a contract on the purchase of apartment units on September 7, 2015 with the terms of receiving KRW 300 million for the performance of the agreement on September 7, 2015.
The J concluded a subcontract agreement with H on September 7, 2015 with the representative director of K (hereinafter referred to as "K") established for the purpose of real estate enforcement and sale on behalf of the representative director of K (hereinafter referred to as "K"), and concluded an agreement on November 23, 2015 with the victim L (M) and C apartment and the sales of the remaining construction and sales of the C apartment. The sales agency performed the sales agency by concluding the agreement on November 23, 2015.
C Apartments acquired ownership on August 2, 2012 by D, and on December 25, 2015, the Defendant had no real property at the time.
D Acceptance and appointment of N as a representative director in the name of the representative director.
As of November 24, 2015, Co., Ltd. owned D had a debt equivalent to KRW 20.1 billion with the O bank. On June 16, 2014, the decision of provisional seizure of KRW 500 million with the claim amount by the creditor P was made on June 16, 2014, and on November 25, 2015, seizure due to tax in arrears was made from Seoul Special Metropolitan City, and on October 15, 2015, there was a voluntary request for auction from Q and F, and there was no real value of the collateral.
Moreover, on December 23, 2014, the O bank holds 20.1 billion won against D.