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(영문) 제주지방법원 2017.01.18 2016고정580
건조물침입등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Basic Facts

On June 27, 2013, the Defendant entered into a construction agreement with the victim E, the owner of the instant building, and with respect to multi-household housing on the fifth floor (hereinafter “instant building”) to be newly built on the instant land, as until October 30, 2013, on the completion date of the construction, and entered into a special agreement with the Defendant on the following terms: (a) two construction works for the fifth multi-story, and (b) additional construction cost claims; and (c) construction works agreement with the Defendant on the completion date of the construction.

After that, the Defendant was a previous contractor around June 27, 2013 and July 1, 2013 from the victim.

Separate from receipt of KRW 51,80,000,000,000 in total as a gold for the amount of the F’s construction work, around July 1, 2013 received as advance payment of KRW 273,90,000 (in that case, KRW 84,90,000 shall be returned around July 18, 2013, and the actual amount of advance payment shall be KRW 189,00,000), around July 25, 2013, the first intermediate payment of KRW 91,00,00 as part payment, and around August 22, 2013, the second intermediate payment of KRW 10,000,000,000 in total, including KRW 10,000,000,000 as part payment, around August 30, 2013 (the total amount of KRW 76,000,00).

Nevertheless, by October 4, 2013, the Defendant was in a state of failing to perform construction of approximately 50% of the total process, such as the construction of wooden stairs, the construction of wooden stairs, the non-construction of outer walls, the construction of furniture, the construction of windows, the construction of digital tools, urban gas pipelines, spackers, strawers, strawers, and the current videophone, and the construction of a video phone in advance received from the injured party, and was in a state of not being carried out outside of construction of approximately 65% of approximately 31,6740,000,000 won.

Nevertheless, the Defendant already received 480 million won due to the progress of the additional work and the construction cost of KRW 156 million in addition to the KRW 480 million already received.

Claimant that it would refuse the construction until the payment of the above amount is made.

After the end, around October 4, 2013, the construction site of the instant building was cut down, and around October 22, 2013.

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