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(영문) 부산지방법원 동부지원 2012.08.08 2011고단3573
배임
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. On September 23, 1995, Defendant A entered into a sales contract for F apartment 110 dong 905 with the victim’s Jinan-gun, Gyeongnam-gun, Gyeongnam-gun, the said Defendant owned 324 m24 m2, H field 61 m2, and 982 m2 3 m2 before I.

Defendant

A and the victim agreed to pay the down payment of KRW 7 million on the date of the contract, and the remainder of KRW 3 million after the oil, and to complete the registration procedure in the name of the victim when the inheritance problem of each real estate is resolved.

Defendant

A, according to the agreement, 7 million won of down payment was immediately collected from the victim, and 3 million won of the remainder after the oil, so if the inheritance problem of this case is resolved, the duty to perform the registration procedure was to be performed by the victim.

Nevertheless, in violation of the above duties, Defendant A and Defendant B, who was aware of this case while going in company with the Defendant at the time of the sale and purchase of the real estate, interfered with by raising an objection to the Haan-Gun Office in accordance with the procedures set forth in the Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership, and conspired to resell the registration of ownership transfer by completing the registration of ownership transfer in the name of Defendant B. On October 29, 2010, Defendant B completed the transfer of ownership in the name of Defendant B in the Haan-dong Office located in the Haan-dong, Chungcheongnam-gun

As a result, the Defendants conspired to acquire property benefits equivalent to KRW 30 million at the market price of the above three parcels of real estate and suffered damages equivalent to the same amount as the victims.

2. Defendants and their defense counsel, and the victim J

A. Defendant A and his defense counsel’s assertion on September 23, 1995: (a) sold the F apartment 110 Dong-dong 110-dong 905 to Defendant B the land of KRW 324m2, H 61m2, K 982m2, K 1302m2 and the land of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

. A victim;

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