강제집행면탈
Defendant
A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of four million won.
The above fines are imposed by the Defendants.
Punishment of the crime
【Basic Facts】
1. On April 10, 2006, the victim D Co., Ltd. prior to the filing of a related civil lawsuit was awarded a contract with CFS Co., Ltd. to construct, remodel and repair the FM on the land of three lots, 1,458 square meters and above the land owned by CFS Co., Ltd. (hereinafter “instant land”). On August 14, 2006, the construction was completed on August 14, 2006. Since then, on January 23, 2007, the registration of ownership was completed on the multi-family house of the third floor and the second floor neighborhood living facilities (hereinafter “instant building”).
Defendant
On April 13, 2009, A received a successful bid for the above land and buildings in the voluntary auction procedure conducted G with the Government District Court G on April 13, 2009, and on the other hand, on February 6, 2009, the victim D reported the right of retention that C exercises a lien on the above land and buildings in order to secure the claim for construction cost against CFS limited liability companies in the above auction court.
From June 30, 2009, H, the actual operator of the victim D, who was the victim, was in possession of a fluence card, which was to exercise the right of retention on the instant land and building, and installed a number height at the entrance of the room of the said building. However, Defendant B, the husband of Defendant A, was removed on December 7, 2009, and began to occupy the said land and building from that time.
2. The Defendant A filed a lawsuit seeking confirmation of existence of the right of retention against the Victim D Co., Ltd., and the Victim D Co., Ltd filed a counterclaim against the Defendant A seeking delivery of the said land and building.
Seoul Central District Court 2010 Gohap60795 (main office), 2010 Gohap90604 (Counterclaim), Seoul High Court 2010Na122461 (main office), 2010Na122478 (Counterclaim), 2010Na122478)), the appellate court, the appellate court of the above case, "Seoul High Court 201." < Amended by Presidential Decree No. 21734, Dec. 7, 2009>