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(영문) 서울중앙지방법원 2016.02.18 2015고정4562

업무방해

Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the D representative director of the Gangnam-gu Seoul Building Management Company (State), and Defendant B is the head of the D Management Office (State).

The Defendants: (a) the victim E acquired the ownership of the 8th floor of the above building on March 17, 2015, and (b) intended to carry out the interior construction for operating a private teaching institute, the Defendants demanded the victim E to pay approximately KRW 160,000,000,000, which the previous employer was delinquent, to the victim E.

The victim E was succeeded to the management expenses for the portion in arrears, and there was a dispute as to whether the part related to the management expenses for the above portion in arrears claimed by the Defendants included the amount related to the management expenses for the above portion in arrears, and in particular, in this case, only the obligation for the management expenses for the three-year management expenses with the prescription period for the termination of the management expenses claim is succeeded, and the amount is limited to about KRW 160 million, not to KRW 20 million, because it is limited to about KRW 20 million.

Accordingly, the Defendants were able to go on the condition of paying the above KRW 160 million, and did not receive the delinquent management expenses by preventing the victim E from moving into the victim E and the interior work.

On the other hand, Article 6 of the management rules of the above building provides that "this Code shall also be effective for a person who succeeds to the status of the tenant," and Article 39 subparagraph 3 of the management rules of Article 39 of the management rules of the above building may take measures such as electricity, water supply, air conditioners, heating supply suspension, restriction on the number of parking lots, restriction on cleaning of public parts, restriction on the operation of eletogrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

Provided, That the manager shall send a warning for compulsory measures at least seven days before the measure is implemented.

Article 15 of the Management Regulations provides that "1. Users (Residents) shall pay to the management company by the date of notification of the management expenses for each month.