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(영문) 서울중앙지방법원 2016.01.13 2015고정1581
재물손괴
Text

The defendant shall be innocent.

Reasons

1. On October 2, 2014, the Defendant: (a) removed six structures, such as kitchens, warehouses, boilers, mooringss, mooringss, toilets, offices, etc., owned by the victim D, the market price of which is unknown, and was excluded from the object of the case for the purchase and sale of buildings, which was constructed on the said land in the Jung-gu District Court’s settlement protocol 2014 Ghana; and (b) removed and damaged six structures, such as kitchens, warehouses, boilers, mooringss, toilets, and offices, which are located on the said land.

2. The key issue of the instant case is whether the instant building was excluded from the object of the self-conciliation protocol on May 27, 2014 in the case of the purchase price for the building 1751 set forth in the facts charged (hereinafter “instant structure”).

In full view of the following circumstances, in particular, each judgment and the protocol of reconciliation, etc., the Defendant’s wife E paid the purchase price to the victim D on May 27, 2014, and was transferred the authority to all the above ground buildings including the instant structure on the instant land, and the Defendant was determined to have removed the instant structure upon delegation by E.

Therefore, the evidence submitted by the prosecution alone is insufficient to prove that the structure of this case was excluded from the object of reconciliation in the case of the purchase price for the building of the Gu government district court 2014 group 1751 group Ga.

A. First of all, the instant structure claimed by the prosecution was submitted in the judgment on September 28, 2010 regarding the removal of buildings and delivery of land, etc. by the Jung Government District Court Decision 2009Gadan 29359, which was submitted on September 28, 2010, and was indicated as “other buildings not presented” on the ground of the instant land under the appraisal report on September 28, 2010, 13.5 square meters, and 9.3 square meters, 13.5 square meters, 9.3 square meters, 5.3 square meters, 5.0 square meters, 5.96 square meters, 15.96 square meters, 2.2 square meters, lublub, lux, lux, lushe-3, lux, and lux, (24.62 square meters).

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