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(영문) 부산지방법원 동부지원 2020.01.09 2019고정553
경매방해
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is the person who was the owner of the Suwon-gu Busan Metropolitan City C Apartment D (hereinafter “instant apartment”) and the defendant B is the relative of the defendant A.

Defendant

A borrowed KRW 450 million from E on September 20, 2017, around September 2017, A created the right to collateral security with the maximum debt amount of KRW 630 million on the apartment of this case as collateral.

After that, on March 6, 2018, Defendant A failed to pay interest on the above loans, and Defendant E applied for a voluntary auction with the Busan District Court's branch court's branch court's decision to commence a voluntary auction on the apartment of this case.

The Defendants were living together in the instant apartment, and did not conclude a lease contract with a deposit of KRW 120 million for the said three apartment rooms, but did not intend to receive dividends by submitting a false real estate lease contract to the court room as if the real estate lease contract was concluded.

Accordingly, on March 15, 2018, Defendant B entered KRW 120 million in the lease deposit column of “application for report of right and demand for distribution” in the Busan District Court's Dong branch branch located in Busan District Court's Busan District Court's Busan District Court's Daegu, and entered B in the lessor column and lessee column B in the lessor column, as if he were a housing lessee with opposing power under the Housing Lease Protection Act, such as submitting the aforementioned false real estate lease agreement as evidence, and presented the fact to the bidder through a report of right, and reduced the bid amount equivalent to the deposit amount.

As a result, the Defendants conspired in collusion to impair the fairness of auction.

2. The following circumstances revealed by the records of this case, namely, Defendant A completed the registration of ownership transfer of the instant apartment on June 15, 201, and Defendant B transferred to the said apartment on July 25, 201.

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