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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2013.08.22 2013노1073
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant: (a) was entitled to possess the above 102 units as the buyers who purchased a house from Dagra Co., Ltd. 102 (hereinafter “Magdong”) and was not the owner of the above 102 units; and (b) was found guilty of this part of the facts charged (the point of residential intrusion) by the lower court, despite the absence of the owner of the above 102 units, the lower court committed a mistake of facts.

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

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, ① the clan of this case was newly constructed and sold on the land owned by the clan of this case at its own expense on September 1994, ③ the clan of this case was paid KRW 743 million in the land price to the clan of this case, and the name of the building permit was entered into a contract with the clan of this case; ② the subsequent Samcheon Housing was newly constructed and completed around November 21, 1995 Daradong (hereinafter referred to as the "building of this case") on the land of this case with 300 million won in the land of this case; ③ the clan of this case was registered for preservation of ownership from 100 million won in the land of this case with 200 million won in the land of this case, and ③ the defendant acquired 208 billion won in the land of this case from 108 billion won in the land of this case to 1500 million in the land of this case with the consent of 105 billion won in the building of this case.

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