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(영문) 서울서부지방법원 2015.09.04 2015고정456

재물손괴

Text

The defendant shall be innocent.

Reasons

1. The Defendant, in the facts charged, is residing in Eunpyeong-gu Seoul, and the victim D immediately next E, respectively, and was jointly used by the Defendant and the victim for about 12 years by linking the victim’s house toilets and pipes with the victim’s house toilets and pipes.

On October 24, 2014, the Defendant rejected the victim D’s request to transfer the septic tank from the Defendant’s house to the Defendant’s house, thereby destroying the septic tank pipe owned by the victim, which connects the victim’s house and the aforesaid septic tank by an influence, and then destroying it by cutting the main pipe to the PVC.

2. Where the article attached to the judgment real estate loses the object of an independent right in transaction because it is virtually impossible to separate and recover from the real estate, and becomes a constituent part of the real estate that constitutes a whole real estate, the ownership of the article belongs to the owner of the real estate even if the article accords with another person’s title (see Supreme Court Decision 2007Da36933, May 8, 2008). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below are as follows: F newly constructed a house between the building site C and E on February 23, 1984, and installed purification and pipes for the above E site ground ground above, and the defendant’s child G acquired the ownership of the above E site and its ground on June 11, 199, and the victim acquired the ownership of each of the above E site and the above ground, and the defendant acquired the ownership of each of the above building site and the aforementioned building, which cannot be seen as having been separated from the aforementioned building site’s independent purification method or pipes installed.