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(영문) 창원지방법원 2018.06.21 2017고단3990
강제집행면탈
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, around March 23, 2012, stated in the F indictment “G” in F for a period of 24 months the counter E 102 of Changwon-si, one of which he owns in D’s name, is a clerical error of “F”.

The lease deposit was paid KRW 50 million with the lease deposit.

On January 20, 2014, the Defendant received the above E 102 from F, and promised to refund KRW 50 million after two months after receiving the above E 102.

On October 14, 2015, the Defendant received a recommendation to recommend D’s successors to transfer the above E to the Defendant in a lawsuit seeking registration of transfer of ownership against D’s successors, and the decision to recommend D’s settlement became final and conclusive.

On the other hand, around January 20, 2016, F, as a creditor, tried to file a lawsuit seeking registration of transfer of ownership of E against D’s heir by subrogation of the defendant, and withdrawn the lawsuit with the knowledge that the decision of recommending settlement became final and conclusive, and requested HD office to transfer the above E’s ownership to the defendant in order to enforce compulsory execution of the obligation to return the lease deposit to the defendant.

When the Defendant came to know that during the process of the process of transferring ownership to the Defendant from February 4, 2016 to April 5, 2016, F also was proceeding to transfer ownership to the Defendant, the Defendant made a claim against F, an employee of the said certified judicial scrivener office, to carry out the procedure of registering transfer of ownership without the Defendant’s permission. On April 5, 2016, the Defendant transferred the Defendant’s ownership to the Defendant.

Defendant, who is likely to be subject to compulsory execution from F, had the mind to transfer the above E in falsity to J Co., Ltd. established by the Defendant around December 28, 2015.

On April 8, 2016, the Defendant is located at the window of Changwon-si, Changwon-si, 681.

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