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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. On July 26, 2013, the Defendant: (a) on the fourth floor of the Government-dong 141-3 Hancheon Lifelong Building, the Defendant: (b) received a promissory note of KRW 330 million from the injured party on the Defendant’s claim 200 million against the injured party C; and (c) drafted “Fair Deed No. 472, 2013.”
A defendant's claim based on the above fair deed was extinguished on August 5, 2013 by paying the principal and interest to the defendant and 23.3 million won.
1. Nevertheless, on August 25, 2014, the Defendant: (a) presented a written instrument of the promissory note process to a public official in charge of the competent district court located in the Do Government District Court located in 23 Doo-si, Dao-si, Mao-si; (b) filed an application for compulsory auction against the victim’s share of 2,837 square meters in the Doo-si, Doo-si, and the Doo-si, Doo-si, Doo-si, and the 255 square meters in the Doo-si, Doo-si, and the Doo-si, E, E, the 3,837 square meters in the 549 square meters in the F
However, as a result of the appraisal on January 26, 2015, even if compulsory auction is conducted with respect to the above C’s share, if the charge and procedural expenses are repaid, the auction procedure was revoked on the ground that the Defendant did not receive any dividend, and the intention was not achieved.
2. On February 25, 2015, the Defendant filed an application for seizure of the movable property owned by the victim, which was kept in custody at the victim’s house in the Dongbcheon City of Gyeonggi-do, by presenting the relevant promissory note work process certificate to H with an executor of the District Court in the Dongbcheon-si.
Around April 7, 2015, the Defendant had the said enforcement officer seized the corporeal movables worth KRW 14.4 million at the market price, which were kept in custody of the said victim’s house, and forced the said enforcement officer to sell them by auction. Around April 7, 2015, the Defendant received dividends of KRW 7,220,000 from the said enforcement officer H for the auction proceeds of the said corporeal movables.
2. The defendant's assertion and defense counsel's request for auction based on the fair deed of this case by asserting the following grounds.