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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is a real estate broker who operated the “E Licensed Real Estate Agent Office” on the Yongsan-gu Seoul Metropolitan Government and the first floor.
On March 23, 2010, the Defendant sold Songpa-gu Seoul and 202, a FF employee, to the victim H, received KRW 80 million from the purchase price. On April 30, 2010, the Defendant prepared a sales contract for J apartment Nos. 101 and 1404 located in Gangnam-gu Seoul, Seoul, which is the Defendant’s ownership. On January 5, 2011, the Defendant sold the land and its ground-based detached housing (hereinafter “I Housing”) owned by K to the victim and sold the said KRW 280,000,000 to the Plaintiff as the purchase price for I Housing, and made a provisional registration for ownership transfer claim (hereinafter “provisional registration for I Housing”).
Since then, on September 2, 2011, the victim argued that he lent the above KRW 280 million to the defendant and filed a loan claim lawsuit. On December 19, 2011, the Seoul Central District Court made a conciliation in Seoul Central District Court that "the defendant shall pay the victim KRW 220 million, and the victim shall pay the above money, and at the same time, at the time when he received the above money, cancel the provisional registration of the right to claim ownership transfer on the I house."
On the other hand, while the Defendant was unable to repay the above KRW 220 million to the victim, the Defendant purchased a house residing at the time of May 15, 2012 with the victim who intended to purchase a house residing around May 15, 2012, and the land and the housing on the land outside Seongdong-gu Seoul, Seongdong-gu, Seoul, and its ground (hereinafter “M housing”).
(3) The Defendant entered into a sales contract with the following terms: (a) selling the purchase price of KRW 330 million to the victim; and (b) the victim succeeds to the secured debt of KRW 165 million in the name of the Sungdong Credit Union (Sdong Credit Union) established in the foregoing M; (c) the provisional registration of the said I Housing is cancelled at the same time as the above M M ownership transfer; and (d) the provisional registration of the said M Housing is to be cancelled without any conditions after three months.