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(영문) 의정부지방법원 2015.09.24 2014고정1882
부동산강제집행효용침해등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. At around 14:24 May 15, 2014, the Defendant, together with C of the facts charged, obstructed the work of the E Hospital, which the victim F, by installing containers on access roads to the hospital and preventing access roads, thereby hindering the work of the E Hospital, and at the same time impairing the utility of the real estate transferred by compulsory execution.

2. Determination

A. According to the evidence duly admitted and examined by this Court, the following facts are recognized.

1) G is the owner of the building indicated in the facts charged, and the construction business operator exercised the right of retention while occupying the building. The Defendant, around October 2013, H representing G (H is a person who entered into a contract for the operation of the E Hospital with G at the time of signing the contract with G.

(2) The Defendant, at around May 201, did not receive the agreed service cost and the interior work cost of the instant building that was completed on or around May 2013 and continued to occupy the building by asserting the lien on its own, by concluding a security service contract and post management contract with the aim to show the lien from the building and manage the building.

3) On May 15, 2015, G obtained a confirmation of non-existence of a lien and a judgment in favor of the delivery of building against the possessor I and the Daeyang Design Co., Ltd. prior to the Defendant’s occupation, who claimed a lien prior to the occupation and occupied by the Defendant, and thereafter commenced the execution of the delivery of the instant building possessed by the Defendant around 11:55 on May 15, 2015. At the time of the Defendant’s entry into a construction of the instant building at the site, the Defendant was boomed with K in accordance with J, a party to the execution, who demanded a conversation, and the execution was completed at around 13:46.

5 The Defendant, around 14:24, is as above.

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