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(영문) 인천지방법원 2015.02.06 2014고정3185
경계침범등
Text

A fine of KRW 3,00,00, KRW 1-b of the judgment, and KRW 2 of the second offense against Defendant 1’s provisional offense.

Reasons

Punishment of the crime

On October 24, 2012, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for a violation of the Building Act at the Incheon District Court on November 1, 2012, and the judgment became final and conclusive on November 1, 2012, and on February 5, 2014, the Defendant was sentenced to two years of suspension of execution for four months of embezzlement, and the appeal was dismissed on September 30, 2014, and the judgment became final and conclusive around that time.

1. [Attachment 2014 fixed3185]

A. On October 2, 2012, the Defendant was a person who constructs a new building in the Nam-gu Incheon Metropolitan City, and the victim E, the owner of adjoining D land, was a dispute over the boundary between the neighboring D and the land, and a boundary mark was installed on both land boundary.

On October 2012, the Defendant was unable to recognize the boundary of land by removing two boundary marks and installing fences above the boundary marks in the remaining boundary marks when installing a brick fence on the land above F from the land above the date of October 2012.

B. On February 17, 2014, the Defendant destroyed and damaged one pentice in the city under the method of demolishing the connecting part of the boundary fences installed by the victim E, by hand at the site of the new construction of the building of the land of Incheon Nam-gu, Incheon Metropolitan City.

2. [Attachment 2014 Height3950] G is a nominal owner of the second class neighborhood living facilities (1,711.07 square meters in total floor area) of the 9-story building located in Nam-gu Incheon Metropolitan City, and the Defendant is a person who actually constructed the building and actually carried out all business affairs and has previously occupied the building, and the Defendant and G are a married couple.

If a project owner intends to use a building after completing the construction work for the building for which permission was obtained or report was filed, he shall obtain approval for use from the permitting authority.

Nevertheless, on August 26, 2013, the Defendant leased 19 units by leasing 304 units of the above building to H without obtaining approval for use from the head of the Gu who is the permitting authority.

Summary of Evidence

[2014 High Court Decision 3185]

1. The witness E’s legal statement 1.

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