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(영문) 울산지방법원 2018.02.21 2017노1485
업무방해
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment is publicly announced.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) in order for a right-holder to realize his/her right, the right-holder should obtain a title of enforcement through civil procedure and take another procedure for compulsory execution to realize the ultimate realization of the right. Thus, even if the right-holder is a right-holder, the act of evading possession of real estate without the right-holder’s title is prohibited

However, in this case, the Defendants’ act of entering or entering the construction site in which the J without the execution right is occupied by the Defendants against the Defendants’ will does not constitute “justifiable business” as referred to in the crime of interference with business. Thus, the act of blocking the act does not constitute a crime of interference with business, but rather constitutes a tort of interference with the Defendants’ business.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

2. The summary of the facts charged in this case is that Defendant A is the representative director of Company E, and Defendant B is the representative director of Company F.

In July 2012, the Defendants concluded with the Council of H development project agents in relation to the “H development project” located in Ulsan-gu, Ulsan-gu, Seoul-do, and concluded a site creation and infrastructure construction contract with the Council for the said project complex. On September 2016, the Defendants was notified of the rescission of the contract by the Council of H development project agents representing the victim I, and the victim J was selected as a new construction company of the said Corporation.

1. On November 9, 2016, Defendants who interfere with their work on November 9, 2016 shall prevent the employees of the victim J from entering the construction site to enter the construction site in order to ensure the progress of the construction work by mobilization of the service company employees at the construction site of the above H development project around November 18:30, 2016 and by blocking access roads to the construction site on vehicles.

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