All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. In order to secure the construction cost, F Co., Ltd. (hereinafter referred to as “First Provisional Registration”) completed the registration of ownership transfer claim and provisional registration of ownership transfer claim and the provisional registration of ownership transfer claim for the said building on the said building (hereinafter referred to as “Second Provisional Registration”) on the ground of Ulsan-gu D large 965m2 (hereinafter referred to as “the instant land”). The F Co., Ltd., upon being awarded a contract for the pel construction among the above construction works, had completed the registration of ownership transfer claim and the provisional registration of ownership transfer claim for the said building on the entire land (hereinafter referred to as “Second Provisional Registration”).

(2) The victim was also awarded a contract with Hanmi Construction Co., Ltd. for the construction work, and was transferred from Hanmi Construction Co., Ltd. the above E-building No. 101 and 303 under the name of J and K with respect to the share corresponding to the above two households in the provisional registration No. 2.

(3) It is difficult to readily conclude that the representative director and the Defendants, as directors, are in the position of a person in charge of the affairs of the victim, as well as the representative director and the directors of the FF corporation, are in the position of a person in charge of the affairs of the victim, merely securing the right to a site for the preservation of the claim for construction cost as a subcontractor of the

(4) In addition, if the defendants secured a victim's right to a site by preserving the land for the purpose of the victim's right to a site beyond the defendants' shares by subrogation, the defendants can seek reimbursement of the expenses against the victim as a manager of the business on behalf of another victim without his/her duty. As long as it is obvious that the victim has no intention to pay it, even if the defendant extinguished the victim's right to a site, the crime of breach