B The "E" written indictment in the Section C of the Commercial Building Management Division and the damaged person (State) shall be corrected as it is obvious that it is a clerical error in the "A" case.

The dispute over the management right of the above B commercial building is currently pending in the Seoul Central District Court.

On June 3, 2014, around 17:10 on June 3, 2014, the Defendant instructed the repair workers D to replace the ePS room room in front of the ePS room managed by the Seoul Jung-gu Seoul Metropolitan Government 11th floor and the victim (State) C.

Accordingly, D has damaged the ePS room which requires an amount of 150,000 won by drilling the key hole of the ePS room.

2. We examine whether the defendant's 11th floor EPS room damage constitutes a justifiable act due to the duty prescribed in Article 20 of the Criminal Act and thus the illegality is dismissed.

In light of the following circumstances acknowledged by the record, the 11th floor EPS room of B building belongs to the management right of B commercial building management division to the common use area of B building, and the Defendant only damaged the kibbage based on the direction based on the management right of B commercial management division as an employee of B commercial management division. Thus, the Defendant’s act constitutes a legitimate act due to his duties.

(1) At the time, the Defendant was an employee of B Commercial Building Management Group.

B The management body of commercial buildings is a management body composed of the sectional owners of B building according to the Act on the Ownership and Management of Aggregate Buildings.

On the other hand, the Dispute Resolution Co., Ltd is only the operator of a large store and the manager of a large store in B building under the Distribution Industry Development Act, and is not the owner of B commercial building (B building).

② With respect to the 11 to 15th floor above the ground of B building, the right to manage the building, including the right to collect management expenses, such as electricity charges, from the sectional owners or lessees, is in the management unit of B commercial buildings [the Seoul High Court Decision 2015Na 2015Na 2014622, 205Na 2064603, Nov. 16, 2017] [the confirmation of the right to manage, etc.] [the right to participate in the independent party].