강제집행면탈
Defendants are not guilty. The summary of this judgment is publicly announced.
1. The summary of the facts charged is as follows: (a) around September 2007, Defendant A guaranteed a partner E’s obligation to borrow a loan; (b) around July 9, 201, Defendant A filed a lawsuit against Defendant A for a loan claim against Defendant A; and (c) was rendered a judgment against Defendant A on October 21, 201; (d) Defendant A appealed on January 27, 2012, but the final appeal was dismissed; and (e) Defendant A was put in a situation where compulsory execution pursuant to the judgment would be subject to compulsory execution.
Accordingly, in order to escape compulsory execution, on November 24, 201, the Defendants: (a) registered in the name of the Defendant A in Suwon District Court located in Suwon-dong, Suwon-do; (b) registered in the name of the Defendant, but (c) registered in the name of the Defendant, in fact, the establishment registration of the H maximum debt amount of KRW 200 million in the name of the H maximum debt amount with respect to G underground 1 Licheon-si, Defendant B
However, in fact, the Defendants did not have the obligation of KRW 200 million to H.
As a result, the Defendants conspired in collusion with the Defendants, thereby evading compulsory execution by means of having the sole real estate in the name of the Defendant A, thereby doing so.
2. According to the evidence duly adopted and investigated by this court, H is the husband of Defendant B’s father, I sold the house under the J on May 30, 2008 to K on the ground of the Seoul Southern-gu Seoul Northern-gu Seoul, and received a copy of the check 12 and four million won as the remainder on July 18, 2008. The Defendant B deposited the said check into the National Bank’s L Bank’s account on August 11, 2008 after having deposited it into the National Bank’s account on the same day, and used it as the lease deposit of the Women’s Rental in Jongno-gu Seoul, Jongno-gu, Seoul. After the completion of the lease of the said women’s hall located in the above M, it can be recognized that the Plaintiff used the lease deposit and used it in sequence to lease and operate the Pelel located in Jongno-gu, Jongno-gu, Seoul, Jongno-gu, Seoul.
In light of the above facts and the fact that a real estate title trust is exceptionally allowed between husband and wife, Defendant B bears the obligation against H.