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(영문) 의정부지방법원 고양지원 2016.09.02 2016고정451
민사집행법위반
Text

The defendant shall be innocent.

Reasons

The debtor of the summary of the facts charged shall not make a false list of property on the date of specification of property conducted pursuant to the Civil Execution Act.

1. On April 27, 2015, the Defendant appeared at the 174 Seoul Western District Court No. 1001, as Mapo-gu, Seoul Western District Court (Seoul Western District Court 2013Kadan5009) on the date of specification of the property in the case of specification of the property (Seoul Western District Court 2013Kadan5009), which was conducted upon the obligee C’s request, and submitted a false list of property without stating it, despite the national pension regularly paid every month and

2. On November 16, 2015, the Defendant presented a false list of property omitted each month, even if there was a national pension and basic pension, which were regularly paid every month at the time of property specification in the case of the creditors’ request, which was conducted at the 505 court of Dayang-dong District Court of 209, Goyang-gu, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City. In addition, the Defendant presented a false list of property omitted despite the existence of the national pension and basic pension.

Judgment

The Civil Execution Act, while punishing a debtor on the property list in the procedure to specify the property (Article 68(9) of the Civil Execution Act), excludes corporeal movables and claims prohibited from seizure from property list (Article 64(3) of the Civil Execution Act, Article 28(2) of the Rules of Civil Execution, and Articles 195, 246(1)1, 246(2), and 3 of the Civil Execution Act). In full view of the content of the relevant provisions and the purport of the property list system under which the court has the debtor submit, upon a motion of an obligee meeting the requirements for compulsory execution against the debtor, the property list stating the property subject to compulsory execution and the disposal status thereof, which are the procedure for disclosing the property list, the property which is not subject to compulsory execution such as seizure, etc. under other statutes is excluded from the property to be entered in the property list in the procedure to specify the property, and

Even if any, this is applicable.

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