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(영문) 수원지방법원 성남지원 2012.09.06 2011고단1819
권리행사방해등
Text

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

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant at the Sungwon District Court's Sung-nam branch around January 30, 201, and the above court

C. In a case of auction against the building No. 405 of Seongbuk-gu, Sungnam-si, Sungnam-si (hereinafter “instant real property”), the instant real property was awarded a successful bid of KRW 53,390,000,000, and the same year

3. The transfer of ownership was received;

Meanwhile, from May 2009 to July 2, 2009, F Co., Ltd. performed the Changho Construction among the interior remodeling works of the instant real estate, but did not receive KRW 70 million from the price, thereby exercising a lien when occupying the instant real estate through G, which was an employee of F Co., Ltd. from November 5, 2009.

In spite of the fact that the successful bidder could not oppose the lien holder, the Defendant arbitrarily deprived of the possession of the instant real estate, and did not reach an agreement on the delivery of the instant real estate between G, thereby having the FF’s lien extinguished.

1. Around 22:00 on May 10, 201, the Defendant: (a) when the Victim G G was occupied and managed as a lien holder; (b) when the instant real estate was occupied and managed by the victim; (c) had the repairer remove the device to correct the entrance of the instant real estate in which the victim was corrected; and (d) invaded the building managed by the victim.

2. The Defendant, at the above time and place, deprived the victim G of his possession by replacing the device to correct the present door of the instant real estate on which the victim was exercising the right of retention, and by correcting it.

As a result, the Defendant destroyed the correction device of the real estate entrance in this case owned by the Defendant, which was the object of the victim’s lien, and obstructed the victim’s exercise of lien by taking the real estate in this case.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of the accused by the prosecution (including the G's statement);

1. Protocol of the police statement concerning G;

1. D. D.

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