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Defendant is acquitted. The summary of the judgment of this case is publicly notified.
Reasons
1. On August 1, 201, the summary of the facts charged in the instant case, the Defendant prepared a certificate of sale and a receipt of sale in full, stating that “The above apartment shall be transferred to C if it is not possible to pay the borrowed money at the due date,” and that “The above apartment shall be transferred to C if it is not possible to pay the borrowed money at the due date.”
Since then, the victim F acquired all rights related to the above sales contract from C, and filed a lawsuit for damages against D on July 31, 2012 (former District Court Decision 2012Ga 12110, the Jeonju District Court Decision 2012Ga 1210), and on April 4, 2013, the victim lost, filed an appeal on April 19, 201, and pending trial.
As above, when the appellate court’s judgment seeking damages against D with limited liability had a risk of being subject to compulsory execution during the course of the trial, the Defendant filed a registration of transfer of ownership on the above five apartment bonds, even though he did not have transferred the said apartment units to H, who is the Defendant’s wife, in the Gunsan-si in the name of the limited liability company D, 201, 206, 303, 506, 706.
Ultimately, in order to escape compulsory execution, the Defendant transferred the real estate in the name of the limited company D with the intention of avoiding compulsory execution, thereby doing so to the creditor.
2. Determination
A. In the case of an ordinary competition relationship as stipulated in Article 40 of the Criminal Act, the res judicata effect of the final and conclusive judgment on one of them is not limited to other crimes (see Supreme Court Decisions 91Do643 delivered on June 25, 191; 91Do2642 delivered on December 10, 191, etc.). Here, one act here is called one act.
The term "legal evaluation" means that an act is evaluated as one of the natural conditions of an object, regardless of the legal evaluation (see, e.g., Supreme Court Decisions 86Do2731, Feb. 24, 1987; 2005Do10233, Feb. 23, 2007). B. Reviewing the records.