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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. In order to sell a house in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the instant house”) to G that he/she owns and operates the F (hereinafter “F”), the Defendant: (a) around February 18, 2013, at H’s office that is a real estate broker, sold the said house in KRW 695 million; (b) on the day the down payment is paid KRW 50 million; and (c) on the day the intermediate payment is paid KRW 100 million; and (d) on March 18, 2013, the remainder amount is paid KRW 50 million; and (e) on April 10, 2013, the Defendant drafted a sales contract as of February 18, 2013 with the seller and the buyer.
G was planning to build five adjacent real estate lots including the instant house, and the remainder of the housing transaction for the Defendant was planning to receive a loan as security.
However, since the buyer of a real estate sales contract becomes F and it is difficult for the buyer to borrow a loan, there is a need to change the seller from F to G individual. Also, in the course of purchasing five parcels of neighboring real estate in addition to the instant house, there was an urgent circumstance that the seller of one of them should pay the balance to the seller by March 11, 2013, and there was a need to modify the content of the real estate sales contract with the defendant.
Therefore, G talks about such circumstances to H, and H again means that G should newly prepare a sales contract with G in order to obtain a loan from the Defendant. From March 4, 2013 to March 11, 2013, G received a certificate of personal seal impression for real estate sale, certificate of personal seal impression, and certificate of registration for transfer of ownership from the Defendant.
G and H using the above documents and seal imprints received from the Defendant on March 11, 2013, the sales price of the instant housing is KRW 695 million and the down payment is KRW 50 million on the same day, and the intermediate payment is paid on March 4, 2013, and the remainder is 540 million.