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(영문) 광주지방법원 2017.11.15 2017고단3945
강제집행면탈
Text

[Defendant A] Determination of a fine of three million won for the defendant

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Defendant

B On July 12, 2013, the injured party E and Defendant B entered into a sales contract with the purchase price of KRW 140 million for the F land and building in the Gunsan City owned by the Defendant, and made a registration of ownership transfer in the name of the injured party at the same time with the payment of the purchase price on July 31, 2013. However, the judgment became final and conclusive on March 31, 2016 on the ground that the injured party did not notify the fact that some of the above buildings were constructed without permission, including the cancellation of the sales contract, on the ground that the outer wall, ceiling, malodor, water leakage, etc. of the above building was generated, and that “Defendant B (Defendant B)” was revoked from the Plaintiff (the injured party) for the transfer of ownership for the land and building in the Jeonju District Court of Korea on June 11, 2015, and the judgment became final and conclusive on March 31, 2016.

On November 19, 2015, the Defendants entered into a false sales contract with the purport of evading compulsory execution of the above obligation with the intent of Defendant B’s transfer of ownership, and entered into a false sales contract with the intent of Defendant B to sell the land and buildings owned by Defendant B for KRW 52 million to Defendant A, and on November 20, 2015, registered the transfer of ownership in the name of Defendant A on November 19, 2015 with respect to the land and buildings owned by the Defendant B for sale on the ground of the sale on November 19, 2015.

As a result, the Defendants conspired to commit a crime, thereby harming the obligee by transferring the above land and building in the following city with the intention to escape from compulsory execution.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A report on investigation (the result of verifying transaction details);

1. Court rulings;

1. A certified copy of real estate registry;

1. A real estate sale contract;

1. Application of the details of each transaction and copies of bankbooks;

1. Article 327 of the Criminal Act and Articles 327 and 30 of the Criminal Act regarding criminal facts

1. Punishment;

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