부동산 이중매도자의 형사책임

• 영문명: Criminal Responsibility for Real-Property Double-Selling
• 발행기관: 중앙대학교 법학연구원
• 저자명: 金泰秀(Kim, Tae-Soo)
• 간행물 정보: 『법학논문집』法學論文集 第32輯 第1號, 97~122쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.08.31

영문 초록

Real-property double-selling is the case that a seller sells a real property twice to each different buyer. Nonetheless, if one side contract of a double selling practice of real-property is void, it would not be taken as double selling. In contrast, if a contract has a cancellation cause, the contract would be valid if a party holding cancellation power does not use the power. Therefore, even though double-selling can stand with cancellation cause, the argument for double-selling looses power after a party cancels a contract retroactively. Contrarily, because, even when there is a cancellation cause in a buyer's side, the contracts is valid until the buyer uses cancellation power, the contracts can be considered as double-selling Our courts have considered the practice of real-property double-selling as a type of misappropriation. Nonetheless, an act of misappropriation shall be punished as a criminal act only when a person who takes care of another person's business breaches trust. The concept of another person's business can be divided into two categories, such as a business for another person and a business of another person. The criminal responsibility of misappropriation should be placed on a practice of double selling only for a business of another person. If not, every single contracting party can be considered to be a person who is doing a business for another person and then may have possibility to take criminal responsibility based on a guilt of misappropriation. In addition, a duty to cooperatively transfer names on a real-property register is a business for another person, but not a business of another person. It is because a register should be done in concert by both parties even though a seller took earnest money, part payment and the rest. A duty to cooperatively transfer names on a real-property register is not exhaustively a buyer's business but should be considered as a business of a seller as well as a business for a buyer. Therefore, it is not justifiable to punish a person who makes double-selling of real-property.

목차

Ⅰ. 머리말

Ⅱ. 부동산 이중매매의 개념

Ⅲ. 등기이전협력의무의 타인 사무성

Ⅳ. 부동산 이중매매의 유형별 형사책임

Ⅴ. 맺는 말

참고문헌

Abstract

키워드

부동산 이중매매(real-property double-selling) 타인의 사무(a business of another person) 배임(misappropriation or misapplication of entrusted property) 타인을 위한 사무(a business for another person).