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(영문) 대구지방법원 2016.12.08 2016노2506
강제집행면탈
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not transfer the instant real estate in falsity for the purpose of evading compulsory execution, and thus did not harm the victim, who is the obligee, even though he did not harm the obligee, and otherwise, the lower court which recognized the facts charged and convicted the Defendant of the facts charged, thereby affecting the conclusion

2. The Defendant is the representative of C Incorporated Co., Ltd. (hereinafter “C”).

On March 17, 2014, the Defendant: (a) at the C farm office located in Chungcheongnam-gun, Chungcheongbuk-gun; (b) although the obligee E had been released from the Defendant’s construction; (c) but the Defendant did not pay the amount of KRW 25,650,000 for the work cost, and thus is likely to be subject to compulsory execution against C’s real estate; and (d) transferred the instant real estate by means of completing the registration of ownership transfer to G agricultural corporation (hereinafter “G”) by means of completing the registration of ownership transfer to G agricultural corporation for the purpose of evading it.

3. Determination

A. The lower court’s judgment acknowledged the following circumstances based on the evidence duly adopted and examined by the lower court, namely, ① the number of shares issued by the Defendant prior to the conclusion of the sales contract for the instant real estate, and the provisional seizure on the instant real estate enters into the instant real estate, appears to have been extremely inappropriate for the Defendant and the representative director, and accordingly, the Defendant was in a situation that sufficiently predicts the collection of claims against the Defendant and C, and ② the Defendant began to enter the attachment upon the Defendant’s entry of the instant real estate under the name of C in the process of investigating the police.

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