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(영문) 서울북부지방법원 2016.02.17 2014고단3265
강제집행면탈
Text

The defendant shall be innocent.

Reasons

1. The facts charged are those who were currently in office as a present pastor from September 1, 2012 from the “E church” in Seongbuk-gu Seoul Metropolitan Government D, and the Defendant was in office as a former pastor of the said “E church” until August 31, 2012.

The term “E church” means a lawsuit filed by F, the creditor of F, the sum of the claim amounts of KRW 594,865,000 against the “E church” on February 1, 201, against the “E church” in the Seoul Central District Court on the land price of KRW 175,665,00,00, against the “E church” on February 1, 2011, against the Plaintiff, and on March 23, 2012, the said F, was continuing to file a lawsuit with the Seoul High Court on March 23, 2012, and the saidF filed a lawsuit against the “E church” with the Seoul Central District Court on December 9, 2011, such as a claim amount of KRW 419,20,00,000 in subrogation of the debt repayment, and thus, in the event that F prevail in each of the above lawsuit, it was in a situation where compulsory execution with respect to the property owned by the E church is enforced.

C and the Defendant, around April 26, 2012, newly established the legal personality of Seongbuk-gu Seoul Metropolitan Government D (G, H, I, J, K), a “E church” which is likely to be subject to compulsory execution from creditor F, as seen above, and a building of 1,830.67 square meters on the same G or K ground, which is the same Gu or K, with respect to the building of 515.4 square meters in Seongbuk-gu, Seoul (G, H, I, J, and K), which is the owner of “E church,” and then prepares a written contract to donate the said site and building to “L church,” and around August 30, 2013, the Defendant filed an application for registration of ownership transfer on the said site and building with employees from the 8 fraternity of the Seoul District Court’s investigation of Seocho-gu Seoul District Court, Seocho-gu, Seoul District Court for the purpose of filing an application for registration of ownership transfer on the said site and building due to purchase and sale of KRW 1,00,00.

Therefore, C and the Defendant conspired with the obligee F to continue to exist at the same time with the aim of avoiding compulsory execution by the obligee F’s claim, but, after establishing a new legal entity church called “L church,” concealed property by transferring the property of “E church” to “L church.”

2. The records of this case.

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