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(영문) 부산지방법원 2014.03.27 2013고단2302

부동산강제집행효용침해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of D, the trial contractor of Busan Seo-gu C Apartment.

In around 2012, when the above apartment was sold to another person by a compulsory auction, the defendant did not possess the above apartment, and the defendant did not have a right of retention and did not enter into an apartment already occupied by another person, claiming that he would exercise a right of retention at will.

[2013 Highest 2302]

1. On November 6, 2012, the execution of the delivery of real estate was completed on the part of the defendant, who was living in the above C apartment 604, pursuant to the Busan District Court Decision No. 2005, Dec. 6, 2012, under the order to deliver real estate to E.

Nevertheless, in collusion with the above E on November 7, 2012, the Defendant opened the entrance and correction system using the Raber on the front of this C Apartment 604, and infringed on the real estate ordered by compulsory execution by entering the door and entering the house.

2. Intrusion into a structure;

A. As of September 25, 2012, the above C apartment 407 was occupied by the said company from October 31, 2012 by an order to deliver real estate to H of the Busan District Court District Court G Victim No. Gaz Co., Ltd.

Nevertheless, on December 2012, 2012, the Defendant came to front of the C Apartment 407, Raber, removed the entrance, and intruded into the structures managed by the victim company.

B. On December 2, 2012, from around 19:00 to December 15:5, 2012, the Defendant: (a) opened a corrected window in front of the instant C Apartment 307, which was occupied by the victim I and J, and infringed upon the structure managed by the victims by entering the house.

C. On January 12, 2013, the Defendant: (a) purchased a successful bid from K around o’clock and leased it to L and occupied by the victim; and (b) opened a corrected window and infringed on the structure managed by the victim by entering the house.

3. Damage and damage to property;