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(영문) 서울고등법원 2014.12.11 2013나73430
약정금 등
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1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant's detention and release on bail 1) The defendant is the head of the Jung-gu Seoul Metropolitan Government G church and the head of the church, and the plaintiff is the head of the G church, and the plaintiff is the member of the association. 2) The defendant was indicted on August 23, 2003 under detention due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and occupational breach of trust in relation to the suspicion that he embezzled the contributions and public funds of the G church upon complaint by C, etc.

3) On September 8, 2003, the Plaintiff: (a) to C on September 8, 2003, the Plaintiff: (b) “The Defendant paid the agreed amount of KRW 2 billion to C on condition of withdrawing the Defendant’s complaint; (c) the Plaintiff paid the amount of KRW 1 billion to E Company as the Defendant’s surety; (d) the remainder of KRW 1 billion was confirmed to pay in cash immediately upon the Defendant’s release; and (e) issued to E Company I a promissory note of KRW 1 billion (500 million) to E Company I; and (e) on the same day, C prepared a written withdrawal of the complaint; (d) the Defendant’s criminal defense counsel submitted the written withdrawal of the complaint to the above court as reference material on September 8, 2003; and (e) the Defendant submitted the written withdrawal of the complaint to C on the same year.

9.22. The date of application for release on bail shall be the same year;

8. 29.

30 years

Then, on November 18, 2013, a judgment of suspension of execution was rendered by the above court.

5) C filed a lawsuit against the Defendant against the Seoul Northern District Court 2013Gahap6531 agreed amount, which sought payment of the remainder of one billion won according to the letter of guarantee in paragraph (3) above, but lost the entire amount on October 16, 2014.

B. Registration of the preservation of ownership in the name of the Defendant in the name of the Plaintiff and then sales process 1) E Co., Ltd. operated by the Plaintiff was newly built on the ground of Gangnam-gu Seoul Gangnam-gu Seoul, and on March 5, 2004, Nos. 6 and 700 on March 5, 200 (hereinafter “the instant lending”).

registration of preservation of ownership in the name of the defendant.

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