A. Fact-misunderstanding ① Taking full-time measures for the building purchased by the victim E (Seoul Gangnam-gu Seoul Metropolitan Government 801 to 806) was done by the defendant B, and the defendant A did not have either conspired with the defendant B or shared the action.

② The period of the former measure is from March 26, 2015, and the former is from March 27, 2015 or from March 27, 2015 to March 3-4, 2015, and the lower court, even if the former has supplied electricity, again took the measures of cutting electricity, but has taken the measures of cutting electricity from March 18, 2015 to April 12, 2015.

The wrong determination was made.

③ On January 12, 2015, Article 5 of the sales contract entered into between the victim E and the seller, Co., Ltd. provides that the purchaser shall bear the total amount of the delinquent management expenses. As such, the conclusion of the sales contract is that the victim E approved the liability of the former owner for the delinquent management expenses, so the delinquent management expenses to be borne by the victim E shall be KRW 160,000,000,000 including the management expenses for the section for exclusive use. However, the lower court erred by misapprehending the management expenses for the section for common use.

④ According to Article 41 of the management rules that apply to victims E, where a purchaser fails to settle charges, such as management expenses, he/she may take measures to suspend occupancy and means of eviction.

In addition, the short-term measures in the judgment of the court below are legitimate because they are based on Article 41 of the above management rules.

B. The punishment sentenced by the lower court (a fine of KRW 3 million, Defendant B: a fine of KRW 1 million) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.

1) A) On November 6, 2014, the Joint Management Council of Gangnam-gu Seoul and two parcels of land C entered into a management agreement with D Co., Ltd. on the entire building.

B) The main contents of the C Management Rules and the Management Regulations are as follows.