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(영문) 인천지방법원 2013.10.25 2013고정780

부동산강제집행효용침해등

Text

Defendants shall be punished by a fine of KRW 2,000,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

[2013Gohap780] The Defendants entered into a contract for 36 months on the condition that they would make a real estate lease agreement and pay 300,000 won monthly rent to 7,00,000 won on the first floor of the D Building 118 (hereinafter “instant store”) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant store”) and that they would operate a tea shop.

However, as E, the above building owner, was unable to repay the money borrowed from the Suhyup, on August 17, 201, the Incheon District Court rendered a decision to commence an auction of F real estate rent, and on October 27, 2011, the Defendants filed an application for a report on the right as a lessee and filed a report on the right to demand distribution with respect to the instant store on February 03, 201.

However, the court did not accept the Defendants’ arguments, and on April 26, 2012, G, who received the decision of permission for sale on April 25, 2012, acquired the ownership of the instant store by paying in full the sales price on May 25, 2012.

On May 25, 2012, the victim filed an order against the Defendants to deliver real estate with H of the Incheon District Court in Incheon District Court for delivery of real estate and received an order from the above court on July 02, 2012, and the Defendants dissatisfied with this order were all appealed and appealed, but all of the appeals were not accepted.

On October 16, 2012, from around 13:20 to around 15:35, pursuant to the above extradition order, the victim notified a creditor (G) by enforcement officer I’s executive title to deliver A at will or voluntarily to the debtor at the execution site by delegation from the creditor (G), but the Dong refused to comply with this order. Thus, the above claimant and creditor (victim G) representative participated in the J and the execution creditor (victim A) representative, and the execution officer occupied it and transferred B to the creditor (victim G) representative by the execution officer.

Defendant

A, at around 15:40 on October 16, 2012, at the time of being informed to the enforcement officer I of the fact that enforcement was enforced by the court's decision of delivery order of real estate in respect of the 118th floor of the 1st floor of the building in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the victim G.