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(영문) 춘천지방법원 2014.11.18 2014고단580
배임
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant purchased one parcel of land owned by E in Hongcheon-gun, Hongcheon-gun, and one lot of land owned by G, which is located in G, with a size of 189 square meters and 199 square meters in F, one story on the land; and (b) constructed a H apartment with a second floor to seven floors on the land and sold it in lots.

G borrowed several money from the victim I on October 20, 2005, the amount of said debt was determined as KRW 85 million between the victim and the victim on October 20, 2005, and on December 9, 2005, G registered the establishment of a mortgage on the land on which the said debt was owned as a security of the maximum debt amount of KRW 150 million.

On March 25, 2011, the Defendant: (a) transferred the ownership of G-owned land on condition that he/she fully performs his/her obligations secured by G-owned land; (b) on May 27, 2011, upon completion of a H apartment to E, he/she acquired the ownership of land owned by E on condition that he/she owns one household and 30 square commercial building units; and (c) completed H apartment on December 201.

After having been able to construct a H apartment, the Defendant suggested several times that the victim and the wifeJ will bring about the H apartment as the H apartment is completed, if the registration of the establishment of the establishment of the H apartment is cancelled.

On May 19, 2011, the Defendant concluded a sales contract with the victim on the condition that the victim would sell H apartment 601 units to the victim under the condition that the registration of the establishment of the above neighboring apartment units would be cancelled.

On May 20, 2011, the Defendant cancelled the registration of the establishment of the nearest mortgage on the part of the victim as a collateral security holder, and thus, there was a duty to deliver H apartment 601 to the victim and to implement the procedure for the registration of ownership transfer.

Nevertheless, on December 5, 2012, the defendant violated his duties, sold H apartment 601 to L, and completed the registration of ownership transfer.

This is the defendant.

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