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(영문) 서울서부지방법원 2012.11.28 2012고단282

강제집행면탈

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment] On March 6, 1985, the Defendant acquired the ownership of the instant real estate on March 6, 1985, the Defendant: (a) on March 1, 2000, registered the creation of a false mortgage on the instant real estate with F, the land owner of which was the creditor for the purpose of evading the debt in preparation for a lawsuit related to the property of the former husband; (b) on March 24, 2001, registered the creation of a new mortgage on the said real estate with F, the maximum debt amount of which was KRW 150 million with the creditor; and (c) on March 24, 2001, on March 24, 2001, registered the establishment of a mortgage on the said F, with the loan amount of KRW 40 million with the maximum debt amount of KRW 40 million.

On December 8, 2001, the Defendant filed a provisional registration of the right to claim ownership transfer registration in the name of G with respect to the instant real estate on December 8, 2001, and on February 20, 2002, the victim H made a provisional attachment with respect to the instant C claim amounting to KRW 75 million (related to civil litigation between the Defendant and the victim as seen below).

On October 2, 1991, the Defendant acquired ownership of the said forest on October 1, 1992 in a state where a right to collateral security of KRW 50 million was established in the name of M on April 28, 1991, and on September 28, 1999, the provisional attachment registration of the said forest was made in the name of the Agricultural Cooperative (the claim claim KRW 23770,000,000) with respect to the said forest on September 28, 1999.

On October 1, 1999, the Defendant acquired the above share on October 1, 199 and completed the registration of ownership transfer on the ground of donation to ASEAN on October 16, 2009.

In addition, there was no property of the defendant who can be grasped by the victim.

The Defendant and the Victim H’s Defendant, after the lapse of the dispute, are between theO acting for the Buyer on December 23, 199, under the brokerage of F on December 23, 199 (the creditor of the establishment registration of a neighboring mortgage on the instant real property).