The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On June 22, 2015, the summary of the facts charged by the Defendant: (a) C (representative D: hereinafter “victim”) a victim Co., Ltd. (hereinafter “C”) was awarded a successful bid in the name of HF under the name of HF of Busan Dong-gu E-Ba (hereinafter “E-Ba”); and (b) the victim placed a banner indicating the fact of exercising the right of retention on the main entrance and inside the inside of the instant real estate to inform the fact of exercising the right of retention on the said real estate.

At around 16:40 on July 4, 2015, the Defendant: (a) knew of the existence of the victim’s right of retention, the Defendant arbitrarily destroyed the key of the 801 suspend the victim’s legitimate exercise of the right by using the key, such as the repair hole, and then arbitrarily damaged the key of the 801 suspend the said real estate.

2. Determination:

A. The prosecutor indicted the Defendant’s act as stated in the Defendant’s facts charged constituted a crime of interference with the exercise of rights against the victimized company, the lien holder, on the premise that the Defendant’s son F, who acquired the ownership on June 22, 2015, had a lien against the victimized company. In order to find the Defendant guilty of the facts charged in this case, it should be proven without any reasonable doubt that there was a lien on E lending with the victimized company. Thus, this is viewed as a matter of course.

B. Article 320 of the Civil Act provides that possession, which is the requisite for establishment of a lien and the requirement for existence, is an objective relationship that appears to belong to the factual control of the person in terms of social norms. At this time, factual control is not necessarily limited to physical and practical control over an object, but should be determined in accordance with the concept of society in consideration of the time and spatial relationship with the object, the principal right relationship with the object, the possibility of exclusion from other people’s control, etc. However, there is an objective relationship that belongs to such factual control.