지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
이용수
초록· 키워드
오류제보하기
The essence of a breach of trust should consist in breaching the inner confidential relationship. But this position includes a danger of considering a mere default as a crime. Such a danger must be excluded by the strict interpretation of “a man who manages another person’s affairs”.
A real estate seller becomes a man who manages another person's affairs when he receives a contract deposit and a intermediate payment from a real estate buyer. If a real estate in question is registered in buyer's name, it comes into buyer's hands. The Real Property Registration Act provides that a joint application for registration should be made by a seller and a buyer all. An application for registration is an cooperative affairs of a seller and a buyer, so it is an another person's affairs, that is to say, a buyer's affairs in a seller's place. If the seller who received a contract deposit and a intermediate payment breaches the inner confidential relationship and sells the real estate in question to a third person, he can be punished with a breach of trust.
A movable property buyer is to become an owner of a movable property without the formalities of registration, and a movable property seller cannot be a man who manages another person's affairs. Even though the movable property seller who received a contract deposit and a intermediate payment breaches the inner confidential relationship and sells the movable property in question to a third person, he cannot be punished with a breach of trust.
The Supreme Court has the same view as this article(2008Do10479).
목차
등록된 정보가 없습니다.
참고문헌 (30)
참고문헌 신청
이 논문의 저자 정보
최근 본 자료
댓글(0)
0