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Defendants are not guilty
Reasons
1. The Defendants are the representatives and employees of the D market building management unit in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the complainants leased the 2nd floor of the above building and operate wedding halls.
1. On June 13, 2016, the Defendants conspired jointly to terminate the lease period of E operated by the complainants of the front roadside trees of the building in front of the building, and two placards were posted to the effect that it is difficult to operate a normal wedding hall due to unpaid rents, management expenses, etc., and that the execution of compulsory evacuation of the wedding hall may cause damage to customers, and one banner of the same content was attached to the outer wall of the building, thereby hindering the complainants from running the wedding hall business.
2. From around 18:00 on June 18, 2016, from around 14:0 to around one hour, the gate of the above building interfered with the complainant’s operation of the wedding hall by putting out a public notice stating that compulsory execution by surrendering the name of the building would cause damage to the consumers.
2. Determination
A. The following facts are acknowledged based on the evidence duly adopted and examined by the court.
On November 17, 2014, the management unit of the instant commercial building, to which the Defendants belonged, concluded a lease agreement with the complainant on November 17, 2014, and agreed as follows.
Article 11 (Cancellation or Termination of Contract)
1. If the complainant falls under any of the following subparagraphs, the managing body may request the complainant to perform the relevant obligation within a reasonable period (at least 14 days) or request the complainant to correct the violation, and if the complainant fails to comply with the request within the prescribed period, the managing body may terminate the lease contract of this case. In such cases, the complainant shall not raise an objection:
(9) When the complainants fail to pay monthly rent or management expenses for at least two months (as referred to in item (c) of Article 5 of the Adjustment of this case, the object of management or rent (the building in this case) shall be used for any purpose that is not permitted under the law, as provided in item (c) of the same paragraph.