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(영문) 울산지방법원 2017.09.15 2017고정725
강제집행면탈방조
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is an employee of the private person C (Representative D) to implement the apartment B apartment of Ulsan-gun, Ulsan-gun (hereinafter “the apartment of this case”).

On January 1, 2017, at the office of 203 apartment of this case, the Defendant registered the right to request the transfer of ownership under the name of the bond company E that the apartment of this case lent money to Da. However, upon the transfer of the right to claim the transfer of ownership from Da due to bad credit, etc., the Defendant received the right to claim the transfer of ownership of 404 apartment of this case in the name of the Defendant and received the registration as to 404 apartment of this case under the name of the Defendant, and received the loan from the financial institution as security and used the money as the operating expenses and construction cost of the company, and the right to claim the transfer of ownership of the apartment of this case was registered in the order of priority after the registration of the right to claim the transfer of ownership was completed.

However, in order to borrow KRW 60 million from E as a bond company and secure it, D completed the registration of the right to claim ownership transfer of the instant apartment building 404 around July 9, 2015, and D applied for compulsory auction of the instant apartment building 404 to the Ulsan District Court on August 17, 2015, and the decision of compulsory commencement of auction was issued on August 18, 2015, and thereafter, D entered into a contract for sale of the instant apartment with the following order: (a) around September 21, 2015, the registration of the establishment of the right to claim ownership transfer of KRW 450,000,000,000 for creditors G, the maximum amount of claims KRW 450,000,000 for the instant apartment building; and (b) around September 25, 2015, D registered the establishment of the right to claim ownership transfer of the instant apartment building around 100,2015.

D The registration of the right to request the transfer of ownership is cancelled after full repayment of the above borrowed money to E and the registration of the right to request the transfer of ownership is likely to be subject to compulsory execution, and the registration of the right to request the transfer of ownership in the name of E and E is completed in order to evade this.

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