beta
(영문) 서울중앙지방법원 2017.10.26 2016고단6790

강제집행면탈등

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative director of the agricultural company B (hereinafter “A”) established for the purpose of establishing and operating joint-use facilities related to agriculture, and is the representative director of C Co., Ltd (hereinafter “C”) established for the purpose of real estate leasing business.

The defendant, on August 11, 2008, was sentenced to imprisonment for one year and six months for fraud in the Daejeon District Court's Seosan branch on August 11, 2008 (the Daejeon District Court's Seosan Branch Decision 2008 High Court Decision 2008 High Court Decision 62). On February 25, 2014, the Seoul Southern District Court filed a lawsuit against the defendant for the return of loans, etc. on April 24, 2015, stating that "the defendant would resell the victim F, KRW 36,890,00,00, KRW 19,650,000, KRW 40,000 for the victim H, and KRW 40,700 for the victim, KRW 160,00 for the victim, and KRW 100,000 for the victim, and the Seoul Southern District Court's decision was finalized on April 24, 2015.

A. On February 25, 2014, the Defendant: (a) filed a lawsuit for repayment of loans, etc. against the Defendant on demand from the victims to repay the said money; and (b) entered into a pre-contract for sale and purchase of the said real estate with the creditor on April 10, 2014, in order to evade compulsory execution, the Defendant: (a) entered into a contract for sale and purchase of the said real estate with the creditor on April 10, 2014; and (b) registered the right to request the transfer of ownership on the same day; and (c) registered the ownership transfer in the name of the LAB on April 2, 2015 with the reason for the registration of the contract for sale and purchase on April 1, 2015.

In addition, from around that time to November 5, 2015, the defendant filed an application for registration of transfer of ownership and registration of transfer of ownership for 19 real estate, as shown in the list of crimes in the attached Form.