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(영문) 수원지방법원 2014.10.22 2014고단2162
배임등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of the instant case: (a) around October 20, 207, the Defendant: (b) entered into an agreement with the victim G on the F real estate located in Sungsung-si around October 2007 to the effect that “The Defendant divided the H large scale 1627.4 square meters into five parcels, H407.7 square meters, I 406 square meters, J 273.7 square meters, K 270 square meters, and L 270 square meters, and one victim constructed one neighborhood living facilities on each of the above land at his own expense; and (c) upon completion of the construction work, the Defendant paid three buildings constructed on each of the above land to the victim as substitute for the construction cost; and (d) each of the above real estate was registered in the name of the Defendant, but completed the registration of ownership transfer to the victim and completed the registration of ownership transfer from the victim.”

Accordingly, the victim completed the construction of the above five buildings by February 2, 2009, and the defendant made a registration of preservation of ownership with respect to the above three buildings on February 11, 2009. Although the defendant had a duty to transfer ownership to the victim or to the third party designated by the victim with respect to the above three lots of land and the ground buildings to be reverted to the victim pursuant to the above agreement, the defendant violated this obligation and thereby, thereby causing property gains to the third party by establishing or selling the right to collateral security to the third party with respect to each of the above three lots of land and the ground buildings, thereby causing damage to the victim.

On November 25, 2011, the Defendant, around November 25, 201, filed a registration of the establishment of a mortgage with respect to the above K and L land and ground buildings, including the maximum debt amount of KRW 100,000,000, respectively.

B. On December 27, 2011, the Defendant completed the registration of the establishment of a neighboring mortgage covering KRW 400,000,000 with respect to the above J, K, L, and each of the above-mentioned land and the above-ground buildings.

C. On May 15, 2012, the Defendant completed the registration of ownership transfer for reasons of sale with respect to the above K’s land and ground buildings to O and P around May 15, 2012.

The defendant.

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