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(영문) 인천지방법원 2015.01.21 2014고단3866
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Defendant

A, as the representative director of E on January 31, 200, purchased 3/10 shares of land from Hansung-si Co., Ltd., Ltd. and 3/10 billion won of land from Hansung-si Co., Ltd., Ltd., which he owned by Dong-si, and purchased 7/10 shares in 11.2 billion won, and E paid 50 million won of loan from the National Housing Fund for rental apartment construction, and the remaining 3 billion won of payment is to be paid in kind at the time of completion of apartment construction, and this 9.5 billion won of contract deposit is to pay 8 billion won of public loan from the National Housing Fund (referring to the assumption of obligation of 8 billion won of loan from Han-si) and to pay the balance of 1.7 billion won of loan from the National Housing Fund. However, in the process of examination of the National Housing Fund, E and this case construction joint ownership transfer registration was conducted on July 31, 200, under the name of Dong-si Construction Co., Ltd.

Accordingly, on March 30, 2002, the KIG Co., Ltd. won the lawsuit claiming the cancellation of ownership transfer registration against E (Seoul Central District Court Decision 2000 Gohap83560 Gohap), and the judgment became final and conclusive because E did not appeal, but the ownership of the above land has already been transferred to a land trust for this number of construction and became impossible to be performed. On March 26, 2007, the KIG filed a lawsuit claiming the transfer registration of ownership against the above land again on March 26, 2007, and on April 21, 2009, the Seoul High Court sentenced the Plaintiff Plaintiff’s failure to the effect that “the same subject matter of lawsuit for which the winning judgment was rendered in favor, and is unlawful as there is no benefit in the protection of rights,” but the Seoul High Court Decision 2009NaNa2478, the second instance judgment.

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