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The defendant is innocent.
Reasons
1. The summary of the facts charged in the instant case is D representative in charge of performing the three-class new construction projects, and the victim E is a person who has subcontracted the internal interior interior interior interior interior interior project including the warehouse construction of the said detached house, but has not received the price, and is exercising the lien against the said construction site from October 17, 2018.
At around 13:00 on August 27, 2019, the Defendant: (a) provided the said construction site after purchasing the said site; and (b) had the Changho Supplier F take out and discard 60 windows (or 56 million won at the time of supply) possessed by the victim at the said construction site.
As a result, the Defendant took property owned by the Defendant and obstructed the exercise of rights by the victim.
2. At the time the defendant alleged that he had occupied the construction site of this case, including the above title, E at the time of carrying out the title of this case.
Furthermore, the construction price for E was to be paid after completion, and the time the construction was interrupted at that time, and the due date for payment of the said construction price has not yet arrived. Even if there is a lien on the said newly-built house, the title of this case does not have the effect of the lien.
3. The requirements for establishing a lien stipulated in Article 320 of the Civil Act, and possession, which is the requirements 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, the factual control is not necessarily limited to physical and practical control, but should be determined in accordance with the concept of society in consideration of the time and spatial relationship with the person in question, the relationship with the person in question, the possibility of exclusion from control of others, etc. However, in order to be in an objective relationship that falls under such factual control, at least the other person’s interference should be excluded.