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(영문) 서울남부지방법원 2018.04.11 2017고단3702
재물손괴등
Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a substantial representative of Co., Ltd. C (hereinafter “C”).

The victim D Co., Ltd. (hereinafter referred to as the "victim D Co., Ltd.") entered into a contract for the redevelopment and rearrangement project of E housing units and the F new construction project of E housing units on March 3, 2008, and completed the above apartment units on December 22, 2011, but it was impossible to receive the payment of the construction cost, and since March 21, 2012, the victim D Co., Ltd. (hereinafter referred to as the "victim D Co., Ltd.") had installed fishing villages, occupied the above apartment units, and exercised the right of retention.

With respect to the apartment of this case, the registration for the preservation of ownership in H was completed. On October 15, 2014, I applied for voluntary auction of the above apartment, and C was awarded the bid for the above apartment in the above auction procedure on August 30, 2016.

9.2. The ownership in C was changed to that of the above apartment.

The Defendant, with well aware that the victim company occupied the instant apartment and exercised a right of retention, filed an application with H for an order to deliver real estate against the former owner of the said apartment to obtain possession of the said apartment as the title of execution, and filed an application with H for an order to deliver the real estate on September 29, 2016 to transfer the possession of the said apartment.

9. 30. Receiving the decision of acceptance.

A. On December 1, 2016, around 14:10 on December 1, 2016, the Defendant appears to be a clerical error in the facts charged by the Seoul Western District Court Execution Officer J of the Seoul Western District Court, which knows that the victim company occupies the above apartment under the lien.

The injured company dismantled the fish village installed in the above apartment, and let the injured company move possession of the above apartment house to the defendant.

Accordingly, the defendant has damaged the 500,000 won market price, which is owned by the victim company, and has become the object of the right of retention by entering the apartment of this case, which is the object of the rights of the victim company.

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