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(영문) 수원지방법원 성남지원 2017.11.02 2017고정442
권리행사방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a liquidator of C Co., Ltd.

A victim D purchased the building located in Seo-gu Incheon from C around July 10, 2005 in KRW 2,09,000,000,000,000,000,000 and paid the price, and completed the registration of transfer of ownership in the name of the victim on July 22, 2005, and occupied by delivery of the building. The creditors of C filed a lawsuit against the victim to the effect that “the above sales contract is null and void without the special resolution of the general meeting of shareholders of C Co., Ltd.” on April 10, 2014, “C shall receive the instant real estate from the damaged person, and at the same time pay KRW 2,9,80,00,00 to the victim” was sentenced to the concurrent performance decision (Seoul Southern District Court 2012 Ma21028). The victim installed a locking device in the above building, attached the above judgment in favor of him, and occupied the above goods, such as the construction section.

[Criminal facts] On January 2016, the Defendant did not pay the victim the above KRW 2 billion, and destroyed the locking device installed by the victim in the building of this case by mobilization of figures, destroyed the locking device installed by the victim in the building of this case, removed the objects in custody in the building, removed the wall of the building, removed the wall of the building, and performed electric power and fire fighting construction.

Accordingly, the defendant damaged the victim's property and intruded on the structure managed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to D, F and G;

1. A construction contract and written estimate;

1. Each field photograph (the defendant and his defense counsel committed an act recorded in the facts constituting the crime in the judgment of the court in order to remove garbage left alone within the building with the delegation of the management of the building from the owners of the building of this case and increase the objective value of the building, which is reasonable to the extent that it is reasonable in light of social norms.

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