beta
(영문) 대법원 2014.01.23 2013도38

부동산강제집행효용침해

Text

The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

Reasons

The grounds of appeal are examined.

Infringement on the effectiveness of a real estate execution under Article 140-2 of the Criminal Act shall be established by infringing on the real estate already made clear or delivered by a compulsory execution, or impairing the utility of a compulsory execution by any other means.

The term "other methods" refers to all acts of interference with the means or methods that may undermine the utility of compulsory execution, and the term "an act of impairing the utility of compulsory execution" refers to any acts of infringement that interfere with the use of, or the exercise of, the right to, the real estate already expelled or delivered by compulsory execution.

(2) According to the reasoning of the lower judgment and evidence admitted by the lower court, D purchased the instant land and buildings (hereinafter “instant land and buildings”) in the course of compulsory auction on September 29, 201, and completed India execution on February 29, 2012. The Defendant, who operated a childcare center on the instant land and building, around March 12, 2012, was 1,50cm wide and 120cm long from the fence of the instant building (see, e.g., Supreme Court Decision 2002Do4801, Nov. 8, 2002). The lower court’s reasoning and evidence reveals that D purchased the instant land and buildings (hereinafter “instant land and buildings”) in the course of compulsory auction and completed India execution on February 29, 2012. The Defendant, who was operating a childcare center on the instant land and the instant building, was 1,50cm wideer of the instant building and 1,500cm wideer of the instant building, and the instant land and the instant building and the instant building installed on the instant land and the instant land adjoin.

Examining these facts in light of the legal principles as seen earlier, the Defendant’s act of installing the instant brick is the land and the instant land delivered by compulsory execution.