업무방해
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The Defendant was in possession of the instant forest land in the Gyeonggi-si, Gyeonggi-do, the Gyeonggi-do, on January 2015, 2015.
E Around January 6, 2015, following the death of E and the inheritance of the above forest land to the victim F et al., his/her child, there is a claim for the construction price of the above forest land for E to the victim.
Meanwhile, on January 31, 2015, the day when the period of permission for the exclusive use of the forest for the above forest is expired, when the injured party fails to restore the forest to the mountainous district, he/she received money from the injured party by using the fact that he/she would be entitled to 388,41,000 won as expenses for recovery vicarious execution.
On the same day, the Defendant installed banners and chains stating “in the course of exercising the right of retention,” and obstructed the victim’s duties to recover from mountainous districts due to force.
2. Determination
A. The following facts are acknowledged according to the records, including the evidence No. 1 submitted by the Defendant of the facts charged.
(1) On May 2013, the Defendant received from Nonparty Ma (hereinafter “E”) a supply of and demand for the drainage of D forest and fields owned by E (the construction cost of KRW 18 million) from the Non-Party Ma (hereinafter “E”) and completed the construction work on or around June of the same year, but did not receive the agreed payment of the construction cost.
(2) The following subparagraph shall apply to E:
6. At the end, the Defendant proposed that “The Defendant would sell the above land at the expense of the Defendant and pay the cost of KRW 200,000 per square meter as the construction cost by dividing the above land into KRW 700,000 per square meter, and by executing the civil engineering work of the above land at the expense of the Defendant,” and the Defendant accepted it.
(3) Accordingly, on July 2013, the Defendant suspended the said construction work upon the rejection of the application for partition of the said land filed by E around January 2014, where approximately 30% progress while performing civil engineering works on the said land at the Defendant’s expense.
(4) The Defendant and E thereafter have the above land.