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(영문) 서울중앙지방법원 2013.11.04 2013고정3340

건조물침입등

Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a buyer of L apartment 109 Dong 901, Defendant F is a buyer of the above apartment 102 Dong 1501, Defendant F is a buyer of the above apartment 108 Dong 1604, Defendant B is a buyer of the above apartment 108 Dong 1102, Defendant B is a buyer of the above apartment 109 Dong 803, Defendant H is a buyer of the above apartment 109 Dong 803, Defendant C is a buyer of the above apartment 113 Dong 113 Dong 901, Defendant D is a buyer of the above apartment 113 Dong 1205, Defendant E is a buyer of the above apartment 102 Dong 805, Defendant G is a buyer of the above apartment 101 Dong 401.

From June 23, 2009 to September 2012, the Hyundai M&C Co., Ltd. that received the said new apartment construction from the N Housing Association newly built the said apartment on a site outside the Dongjak-gu Seoul Metropolitan Government O and outside the 609 parcel. On September 25, 2012, the buyer was scheduled to move into the said apartment site after undergoing a pre-use inspection from the competent authority.

1. Defendant A, F, I, B, H, C, and G’s infringement of structure and damage to property, even though the scheduled date of occupancy of the said apartment was imminent, the Defendants did not grant the occupancy permit for the reason of additional arrears in the construction of the said apartment complex at the NNNNA, the implementer of the said new apartment construction project. On September 24, 2012, Defendant A, F, I, II, H, C, E, and G did not grant the occupancy permit for the reason of additional arrears in the said apartment construction project. On September 24, 2012, the Defendants, who purchased the said apartment unit, caused the Defendants to open the entrance door of each of the above apartment units and removed the corrective devices, and caused each of the above entrance doors owned by the victim to intrude into the building managed by the said Hyundai MMC Co., Ltd., and caused

2. On September 24, 2012, the Defendant: (a) opened the entrance door of 113-dong 1205 of the above apartment that the Defendant sold in lots at around 17:00 on September 24, 2012; and (b) intruded the building managed by the Defendant Hyundai M&C Co., Ltd.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Statement of the police against P;