The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. On September 2010, the victim of mistake of facts and misunderstanding of legal principles had already renounced the right to possess the building in this case. On August 27, 2011, the Plaintiff delivered the building in this case by delivering the key of the building to the Development and Improvement Project Association (hereinafter “Development Cooperatives”). On November 25, 2010, the building lease agreement between the Defendant and the victim was lawfully terminated.

In other words, the victim had already lost possession of the building of this case around February 20, 2012, and there was no authority to recover the possession. Therefore, the victim did not possess the right of possession, which is the object of obstruction of the exercise of rights.

In addition, the Defendant waived his possession, while closing down the steel store operated by the Defendant on the instant building, and did not perform business activities.

In addition, since the Defendant obtained consent to use of the instant building from the redevelopment association that has de facto control over the instant building by June 29, 2012, it is difficult to view that there was a perception that the Defendant interfered with the exercise of rights by the victim.

B. The judgment of the court below on unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. “Possession of another person” subject to protection in the obstruction of judgment of mistake of facts and misapprehension of legal principles does not necessarily mean possession based on the title to be occupied. On the other hand, possession in the event of loss of possessory source after the commencement of possession based on lawful title, and possession in the event of loss of possessory source after the commencement of possession, as the existence of possessory source is not apparent in appearance, and possession in the course of legal procedure until the existence of possessory source is clarified, and possession in the course of simultaneous performance defense, etc., which can be set up against the right to defense, etc. by the legal procedure.