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(영문) 서울서부지방법원 2019.05.24 2018고단980

경매방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Auction interference B received a decision to permit the sale of the land and the building on October 1, 2014, and obtained ownership by winning a successful bid for the said land and the building on or around December 4, 2014, and the F Co., Ltd. (hereinafter “F”) operated by D (one person E) is a person who completed remodeling construction works by concluding a construction contract to remodel the said building into a sanatorium for the elderly who is called the G Care Center for the Aged (hereinafter “H Center”) between B and B on November 2014, with the construction cost of KRW 1,000,000,000 for construction cost of the said building on or around April 10, 2015.

On January 1, 2015, B had a possibility of making it difficult for B to borrow a bank loan to pay the construction cost due to F's performance, and around January 1, 2015, B prepared a contract document of KRW 108 billion for the construction cost (hereinafter "the contract document of this case") with the Defendant's management corporation (hereinafter "I") and the contract document of KRW 108 billion for the construction cost. In fact, F actually carries out remodeling works, and I carried out only some of the construction works such as electricity.

Since then, D had failed to receive the construction cost from B, D exercised the lien by occupying the above site for the medical care center, etc. since completion, K's representative applied for a compulsory auction on the above remodeling site and building site for the medical care center site and building, and on November 19, 2015, the registration of the decision to commence the auction by the Jung-gu Government District Court on November 19, 2015 was entered and the auction procedure was initiated. D reported the lien in F's name in the above auction case around March 12, 2016.

As above, the Defendant knows that the F and other construction companies have attempted to preserve the claim against B, and the Defendant is the original contractor of the said remodeling project, and the I merely carried out some of the construction works, and that there is only the claim for construction cost equivalent to KRW 217 million against B, and that there is no entry of I in possession of the said site for the said medical care center before November 19, 2015.