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(영문) 대구지방법원 2012.09.21 2012고단2533
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Around December 2009, the Defendant agreed to purchase from D the E-site and its ground newly constructed on the E-site and its ground (hereinafter “instant pention”) and to pay the down payment of KRW 20 million to D on the date of the contract, intermediate payment of KRW 80 million until December 20, 2009, and the remainder KRW 140 million after completion.

The Defendant: (a) KRW 20 million on December 7, 2009; (b) KRW 60 million on the 28th of the same month; (c) KRW 30,50 million on the 30th of the same month; (d) KRW 10,000 on April 12, 2010; and (e) the same year.

6.8. 10 million won, including KRW 150,000,000, paid a total of KRW 150,000,000 to the balance of trade.

On April 2010, when the above D failed to undergo a completion inspection even though the pent was completed, the Defendant demanded D to transfer documents necessary for completion inspection, transfer of land ownership registration, and preservation registration of the building after undergoing a completion inspection on his/her own and completing the registration of ownership transfer on the building site and building.

Accordingly, D may deliver documents necessary for the completion inspection and the preservation registration of a building to the defendant, but the remaining amount of KRW 90 million is not yet received, and D cannot immediately deliver documents for the registration of ownership transfer of the above site to F. Since the money to be paid to F is KRW 90,000,000,000 to F, D suggested that F will transfer its claim for the remaining amount of purchase and sale to F, and to F will deliver documents necessary for the registration of ownership transfer of a building site to F. It will receive KRW 90,000,000,000,000,000,000,0000,000,000,000,0000,000,0000,000,000,000

Around July 6, 2011, the Defendant did not have the intent or ability to pay KRW 90 million to the victim even if he received documents necessary for the registration of the transfer of ownership to the said site from the victim, in the coffee shop operated by the victim G around Busan-si. However, the Defendant did not have the intent or ability to pay KRW 90 million to the victim.

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