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(영문) 대구지방법원 2013.05.08 2012고정4553
민사집행법위반
Text

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

Reasons

1. The summary of the facts charged was rendered by the Defendant in the creditor C and Daegu District Court 201Gahap4265, and on September 20, 2012, around 10:30, the Defendant appeared on the date of the application case, No. 25 of the Daegu District Court No. 2012Kadan3477, and took an oath of the truth of the property list.

However, the Defendant submitted a false list of property not stated despite the existence of the lease deposit amounting to KRW 10 million on the “E” building in Simsan-si, and the equipment such as the 100 million Won in the above “E” building and the rapid freezing storage amounting to KRW 250 million in the above “E” building.

2. The list of property to be submitted by an obligor to a court in accordance with the procedure to specify the property under the Civil Execution Act, regardless of whether there exists any substantial value, shall be recorded in the list of property subject to compulsory execution (see, e.g., Supreme Court Decision 2007Da8153, Nov. 29, 2007). However, in light of the fact that the creditor, whose title is given the property specification procedure, is an institution to identify the debtor’s property not revealed for compulsory execution against the debtor, the creditor, who is given the title of the property, does not own the debtor’s property, and thus, if the property

According to the records, E in Busan Metropolitan City D was registered as a business operator of the Gyeongsan Tax Office around January 27, 2010, and the name of the business operator was F, and around February 1, 2010, the defendant was granted from F the power to represent all the matters concerning E business management, financial business, seal impression and documents of government offices, the fact that the defendant entered into a real estate lease contract for the above E site in difference with G with the lessor as the lessee's agent, in the case that C filed a complaint against the defendant as a fraud, at the time the defendant was examined.

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