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(영문) 의정부지방법원 고양지원 2018.06.21 2017고단3148
강제집행면탈
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. On November 30, 201, Defendant A purchased land of KRW 824,400,000,000 from D located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, for a purchase price of KRW 2.4 billion, and Defendant A, along with E, newly constructed a building on the ground 4th floor (hereinafter “instant building”). On December 13, 201, Defendant A entered into a lease agreement with the victim on the condition that “10 years of lease, deposit amount, KRW 50,000,000,000,000 for the first floor of the instant building” with the victim on December 13, 2011.

Defendant

A The termination of the above lease agreement on May 1, 2013, but it was impossible for the victim to return the deposit, etc. of the lease to the victim, thereby paying the amount of KRW 57,500,000 to the victim in the Goyang Branch of the Jung-gu District Court on October 28, 2013.

“Preparation of a protocol of compromise with the content thereof.”

However, Defendant A failed to comply with the above settlement protocol, the victim applied for compulsory auction on the instant building owned by Defendant A, and sought to recover the claim through compulsory execution against Defendant A’s property on July 17, 2014, including compulsory auction.

[2] The Defendants: (a) conspired to commit a crime; (b) concluded a false lease agreement with the Defendants to the effect that the Defendants would not have any intent to enter into a lease agreement or a security contract for the transfer of machinery and equipment against the instant building at the office of Ilyang-dong, Yongsan-gu, Seoul-gu, Seoul-si, Seoul-si, on September 2, 2014; and (c) on the condition that the said “F factory building A” under the ownership of the Defendants would be leased “B” from September 2, 2014 to September 1, 2019,” “(60 months); (d) lease deposit amount of KRW 80,000,000,000,000,000,000,000,000 won paid by Defendant B to Defendant A according to the said lease agreement.

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