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(영문) 의정부지방법원 2017.11.16 2017고단3913
경매방해
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a co-owner of F, who is the husband of the Defendant, who is a co-owner of E and E, and the Defendant is a “H” located in No. 101 and No. 102 of G underground 1, and No. 213 of underground 2, respectively (hereinafter “Sarib”).

On December 29, 2010, according to the voluntary auction application based on the right to claim the return of the old Agricultural Cooperatives (the maximum amount of 5,320,000,000 won) with respect to the building, the voluntary auction procedure started on December 29, 2010, the government district court I decided to report the false lien and interfere with the voluntary auction.

Accordingly, the Defendant had been operating the instant private post in the District Court on April 20, 2012 and July 24, 2012, on two occasions, “The Defendant had been operating the instant private post in the past.”

On March 11, 2009, the following documents were submitted: (a) KRW 1,882,00,000,000 of the acquisition price of the business pursuant to the contract for the transfer of the business of this case from E and F; and (b) KRW 3,290,479,50 in total, KRW 3,290,479,50 in the operation of the instant letter of business by July 24, 2012; and (c) KRW 1,408,479,50 in the operation of the instant letter of business until July 24, 2012; and (b) KRW 3,290,479,50 in the instant letter of business or building with the secured claim to exercise a lien after the report on the transfer of the business of this case.

However, there was no fact that the Defendant acquired the instant friendship business from E and F in KRW 1,882,00,000, or incurred expenses for the installation and replacement of facilities up to KRW 1,408,479,50 with respect to the instant friendship.

Accordingly, the defendant reported a false lien, thereby harming the fairness of the auction of the instant friendship or building by fraudulent means.

2. The facts charged in the instant case did not contain any fact that the Defendant acquired the instant friendship or business from E and F, or incurred expenses incurred in installing and replacing facilities up to KRW 1,408,479,50 with respect to the instant friendship or KRW 1,882,00,000,000.

“On the premise that it is.”

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