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(영문) 서울남부지방법원 2018.02.21 2017고단3402
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A Co., Ltd. (hereinafter “instant building”) is the owner of the instant building who is dismissed from the manager by a dismissal resolution on May 15, 2012 and is disputing the validity of the dismissal resolution and the ownership of the management right. A victim D building management body is a management body comprised of all sectional owners for the management of the instant building in accordance with the Act on the Ownership and Management of Aggregate Buildings.

The victim filed an application with the Seoul Southern District Court for a disposition against B to the effect that “the occupants of the building of this case shall not claim and collect monthly electric and water rates,” and the above court accepted the victim’s assertion on July 2, 2014 (Seoul Southern District Court 2014Kahap 246), and the Seoul Southern District Court approved the above decision around November 7, 2014 (Seoul Southern District Court 2014Kahap 313), but the Seoul Southern District Court appealed to the Seoul Southern District Court, but the Seoul Southern District Court decided that “the occupants of the building of this case shall not claim and collect monthly electric and water rates from the occupants of the building of this case, and the defendant shall not be dismissed from the Seoul Southern District Court 2015Ma6717 decided July 27, 2015 (Seoul Southern District Court 2014Ra13444).”

Nevertheless, on April 27, 2015, the Defendant collected KRW 55,132 from F Co., Ltd., Ltd., a lessee of the instant building E, and as shown in the attached Table, from the lessee of the instant building during the period from around that time to March 7, 2016.

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