1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On May 23, 2011, the Plaintiff and the Defendant drafted a sales contract (hereinafter “instant sales contract”) with the following terms as “the seller: the Defendant and the buyer: the Plaintiff.”

The indication of real estate: The purchase price of six parcels (D, E, F, G, I, H land, and one unit attached to one unit of housing (hereinafter collectively referred to as "the instant real estate"): 425 million won: the intermediate payment of KRW 50 million, base payment (bank TransferJ on November 2010): KRW 10 million, base payment (bank TransferJ on November 31, 201), and the remainder payment of KRW 40 million until May 31, 201: The payment shall be made to the buyer on June 30, 201: The payment shall be made on the remainder of the amount of the loan (K), the payment shall be made on June 23, 201: the payment made on June 23, 201, including the terms and conditions of the permission for the construction of the relevant parcel, the sale of the entire land (including the terms and conditions of the permission for the construction of the building) and the sale of the land (including the sale of the land).

When the balance of the sale proceeds is settled, the seller may succeed to the seller's liability (K loan) at the time of the balance of the land (the seller in the name of the loan) with the entire bank loan.

(10 million won). Defects in the registration, provisional registration, establishment, etc. shall be released from the seller’s responsibility.

B. At the time of the preparation of the instant sales contract (see, e.g., May 23, 201) (1) the land D and its ground buildings and L, among the instant real estate (hereinafter “Defendant-owned real estate”), were owned by the Defendant. However, the provisional registration of the right to claim ownership transfer was completed in the M (Defendant’s punishment) but the remaining real estate (E, F, G, I, H, and M-owned real estate) was owned by M.

C. However, on November 7, 2011, the provisional registration of the right to claim transfer of ownership in the name of M on the Defendant’s real estate was transferred to N on the ground of “transfer on November 4, 201,” and the provisional registration of the right to claim transfer of ownership was newly completed in N’s name on the ground of “sale reservation on November 4, 201,” as to M-owned real estate.

Accordingly, on June 19, 2012, the Plaintiff filed a criminal complaint against the Defendant on the charge of “Fraud and Breach of Trust,” and the purport of the criminal complaint is as follows.