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(영문) 서울서부지방법원 2017.11.15 2017고단2113

강제집행면탈

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal records] On October 20, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a crime of escape from compulsory execution at the Seoul Western District Court, and the judgment became final and conclusive on June 15, 2017.

[Criminal facts] The Defendant is a representative of C Co., Ltd. (hereinafter “C”) and in-house director for the purpose of the business of leasing real estate.

On May 13, 201, the Seoul Mapo-gu Seoul Metropolitan Government D. D. 330.9 square meters, E. 12.6 square meters and F. 277 square meters were voluntarily decided to commence an auction, and on August 13, 2012, the victim H (hereinafter “victim”) was acquired on August 13, 201 by the I and J (victim 196.05/6205 shares; I 228.5/6205 shares; J 195/620.5 shares); the above site was combined with D. 620.5 square meters on October 15, 201, Mapo-gu D. 620 square meters and F. 27 square meters (hereinafter collectively referred to as “the instant apartment site”) and the instant apartment site was owned by the victim, etc. on the ground of the instant 24th floor at the time of acquiring the ownership of the instant apartment site (hereinafter collectively referred to as “the instant apartment site”).

On March 19, 2013, the aggrieved party filed a lawsuit against C for the claim for unjust enrichment amounting to 20483, the Seoul Northern District Court 2013, based on the claim for unjust enrichment return against C for the possession of the instant building by owning the instant building (the aggrieved party obtained the assignment of the claim for unjust enrichment return to C and the claim for litigation costs from I and J on January 14, 2014, and the said judgment became final and conclusive thereafter. < Amended by Act No. 12248, Oct. 1, 2014>

In addition, on June 20, 2013, the victim ordered the defendant to remove the building of this case and deliver the site to the victim based on Gohap 66777 building removal and delivery case by the Seoul Western District Court 2009.