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(영문) 서울서부지방법원 2013.08.16 2012고단2340
강제집행면탈
Text

Defendants are not guilty.

Reasons

1. On December 19, 2006, Defendant A, at the office of the E marketF organization located in Jung-gu Seoul, Jung-gu, Seoul, issued a promissory note with the Chairman of the F organization and the Victim H as of January 19, 2007, with the face value of KRW 300,000,000, and the due date for payment. On April 28, 2010, Defendant A was sentenced by the Seoul Central District Court to pay the amount of the said promissory note and interest to the Defendant, and the said judgment became final and conclusive around that time.

On the other hand, under the Seoul Central District Court Act on January 16, 2009, the victim received the provisional attachment order as to the registration of the transfer of ownership claim based on the purchase and sale promise as of June 2, 2001 on the part of Defendant A’s 2,159 square meters and J 692 square meters based on the above promissory note claim under the Seoul Central District Court Act on February 16, 2009, and completed the provisional attachment registration on February 10, 2009.

Defendant

As above, A proposed to transfer the above provisional registration to Defendant B, who was aware of it with the intention to escape the obligee H from compulsory execution. Defendant B consented to Defendant A’s proposal in the absence of a claim to receive the provisional registration, with the intention of avoiding this, and on December 7, 2009, at the Seocho-gu Seoul Central District Court of Seocho-gu Seoul, Seoul, the transfer of ownership right claim for the provisional registration by completing the transfer registration on the ground of sale.

As a result, the Defendants conspired and transferred the registration of the right to claim ownership transfer with the intent to evade compulsory execution as above, thereby damaging the victim who is the obligee.

2. The public prosecutor instituted the prosecution of this case where: (a) the complainant attached the right to claim ownership transfer of the provisional registration of Defendant A; and (b) the Defendants conspired to transfer the right to claim ownership transfer of Defendant A’s provisional registration to Defendant B without any claim or obligation; and (c) the Defendants conspired to transfer

According to the records of the investigation report (such as Chuncheon City I), and the copy of the real estate register, I.S. I. Chuncheon City owned by K.

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