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(영문) 인천지방법원 2018.07.05 2018고단603
배임
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

The summary of the facts charged is as follows: (a) Defendant A: (b) constructed a multi-household 2, 12 households (hereinafter “instant housing”) on the ground of the pertinent land and G field 1,365 square meters (hereinafter collectively referred to as “instant land”); and (c) suspended construction due to the shortage of construction cost, Defendant A entered into a contract for construction work with I Co., Ltd., Ltd., the sub-construction chain and the construction cost of KRW 830 million on November 11, 2013; and (c) transferred the instant land under the name of Defendant B, the wife, and received KRW 90 million from the Defendant B, who was the victim of the instant land (hereinafter “victim”).

On November 20, 2013, the Defendants completed the registration of the transfer of ownership in the name of Defendant B with respect to the instant land at the I Office located in the Seo-gu Incheon Seo-gu, Incheon, and completed the registration of the establishment of the right to collateral security in the amount of KRW 1,170,000,00 for the debtor, Defendant B, the association causing damage to collateral security, and the maximum amount of claims. At the same time on the completion of the instant house, the Defendants agreed to complete the registration of the establishment of the right to collateral security with respect to the instant house. As such, the Defendants did not engage in any act resulting in the decline in the value of collateral security in order to complete the registration of the establishment of the right to collateral security in the instant house

Nevertheless, on November 20, 2013, the Defendants conspired to prepare a letter of agreement that Defendant B would pay KRW 680,000,000 to H or Defendant A’s ASEAN, and to file an application for provisional attachment with the Incheon District Court for provisional attachment on the ground of the above letter of agreement (a loan certificate) in violation of his/her duties, and filed an application for provisional attachment of the instant house with the Incheon District Court on March 18, 2015 on June 1, 2015, and made a decision ( Incheon District Court 2015Ka30143, Jun. 3, 2015) on the provisional attachment of the instant house by the said court on June 1, 2015.

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