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(영문) 서울서부지방법원 2016.03.30 2015고단2082
채무자회생및파산에관한법률위반등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. On March 25, 200, the Defendant: (a) borrowed KRW 58 million from the victim C in order to avoid compulsory execution; (b) around November 2, 2012, the Defendant: (c) concluded a real estate lease agreement with the owner of the first floor of Yongsan-gu Seoul Metropolitan Government D with KRW 5 million in the name of the lessee at KRW 300,00,000,000; (d) concealed the lease deposit in the name of the said tenant at KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won; (e) around August 21, 2013; and (e) concealed the ownership of the said apartment at KRW 301,300,000,00,00,000,00, G13.

(b) No fraudulent debtor shall conceal or destroy any property belonging to the bankrupt estate, or dispose of it unfavorably to any creditor, with the intention of seeking his/her own interest or any other person's interest before and after the declaration of bankruptcy, or impairing the creditor

Nevertheless, for the purpose of undermining creditors, the Defendant entered into a lease agreement in F name as described in the above A., and concealed the leased deposit and apartment house ownership, which are the property belonging to the bankruptcy estate, by making it unclear the ownership relationship of the leased deposit and apartment, which are the property belonging to the bankruptcy estate. On June 26, 2014, the Defendant requested the Seoul Central District Court's bankruptcy exemption against the Defendant.

2. Determination

(a) Deposit for lease: five million won;

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