The judgment of the court below is reversed, and the case is remanded to Suwon District Court.

The grounds of appeal are examined.

1. Where a contract is fully implemented, such as the payment of an intermediate payment, etc. in a real estate sale and purchase contract, the seller shall not escape from the duty to transfer the ownership of real estate to the buyer, unless the contract is revoked

When reaching this stage, the seller is in a fiduciary relationship in which the buyer cooperates in preserving the buyer’s property and protects and manages the buyer’s pecuniary advantage, and from that moment, the seller constitutes “a person who administers another’s business” as referred to in

The act of a seller, who is in such position, disposing of and registering real estate to a third party before transferring the ownership of the real estate in accordance with the terms and conditions of the contract, is an act impeding the buyer’s acquisition or preservation of the real estate, thereby constituting a crime of breach of trust (see Supreme Court Decision 2017Do4027, May 17, 2018). Such legal doctrine likewise applies to a written contract for real estate donation.

A woman with an intention to donate real estate in writing shall not escape from the duty to transfer the ownership of the real estate for the purpose of capital increase unless the contract is revoked or rescinded.

Such a female constitutes “a person who administers another’s business” and his/her act of disposing of real estate to a third party without transferring the ownership of the real estate to the donee according to the gift agreement constitutes a crime of breach of trust, which is an act of undermining a fiduciary relationship with the increase in capital.

2. The summary of the facts charged in this case is as follows.

The Defendant donated 1/2 of the 1,017 square meters of land for the stock farm in Gyeonggi-gun according to the gift contract with the victim, and expressed the intent of donation in writing.

According to the above donation contract, the defendant had a duty to perform the registration procedure for ownership transfer with respect to 1/2 shares of the land for stock farms.

In doing so, the Defendant will perform his duties.