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(영문) 서울남부지방법원 2017.12.22 2016고정1540
강제집행면탈
Text

The defendant shall be innocent.

Reasons

1. On July 22, 2013, the Defendant entered into a contract to purchase Dongjak-gu Seoul Metropolitan Government apartment D’s purchase price of KRW 400 million, and completed the registration of ownership transfer in the name of ASEAN on August 7, 2013.

B On July 22, 2013, the Korea Credit Guarantee Fund is likely to obtain compulsory execution, such as registering provisional seizure which causes 396 million won of the claimed amount for its joint and several liability obligations.

The defendant and B conspired to establish a right to collateral security on the above apartment in the name of the defendant A to evade compulsory execution although the defendant had never lent money to B.

Around July 19, 2013, the Defendant and B prepared a written agreement on the establishment of the right to collateral security with the Defendant’s child E, debtor B, and the maximum amount of the claim amount of KRW 70 million in the above apartment building, pretending that B had a debt of KRW 70 million against the Defendant at the auction consulting office of the Defendant of the 2nd apartment building in Dongjak-gu Seoul Metropolitan Government. On July 19, 2013, the Defendant and B filed an application with the Seoul Central District Court for the registration of the establishment of the right to collateral security, and completed the registration of the establishment of the right to collateral security with such content.

Accordingly, in collusion with B, the Defendant shared with B on a false debt for the purpose of evading compulsory execution.

2. In full view of the following circumstances acknowledged as the result of the record of judgment and the examination of evidence, the Defendant appears to have completed the instant right to collateral security for the payment of some of the lease deposit against B before the completion of the registration for the transfer of ownership against the apartment of this case, and it is difficult to view that the establishment of the right to collateral security based on false claims has been completed for the purpose of evading compulsory execution against the Credit Guarantee Fund, which

① The Defendant around July 2013, the Dongjak-gu Seoul Metropolitan Government apartment D (hereinafter referred to as the “instant apartment”) and the Yeonsu-gu Incheon apartment.

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