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(영문) 대구지방법원 2013.10.17 2013노1499
민사집행법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the actual operator of E is the defendant, and all property related to E is owned by the defendant, but the court below acquitted the defendant of the facts charged in this case or erred by misapprehending the legal principles.

2. Determination

(a) A list of property to be submitted by the debtor to a court pursuant to the procedure for specification of property under the Civil Execution Act shall contain all the property subject to compulsory execution, regardless of whether there is any substantial

(See Supreme Court Decision 2007Do8153 Decided November 29, 2007).B.

According to the evidence duly admitted and examined by the court below, the following facts or circumstances are recognized.

In other words, on January 27, 2010, the Defendant registered E’s business in the name of F, his/her father, by having his/her place of business D in Busan Metropolitan City, and having registered his/her business in the name of F.

(Evidence No. 39). (2) around May 2010, the Defendant concluded a lease agreement with G on the instant building with G, and held the lessee as F.

(3) 250,000,000 won was incurred to lease the building of this case and to install facilities, such as a beneficial manufacturing machine of this case and a rapid freezing warehouse. The above expenses were prepared by the Defendant as money borrowed from the Dozers, including C, or financial institutions.

(4) When the Defendant offered the obligees as security for transfer the facilities and facilities in the E building, including the instant convenient machine and rapid freezing storage, the Defendant made and issued to the obligees a notarial deed of a repayment contract for collateral security with F as the principal obligor and himself as a joint guarantor.

⑤ At the time of IB’s opening of E, F had been under the age of 26, who graduated from a dead university, was suffering from a pactacule, and was performed several times in Seoul, and entered the Republic of Korea on January 201, and was working at a travel agency located there until now.

6. E has been entirely operated by the defendant since the opening of the business, and F shall actually operate the E.

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