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The Defendants’ appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. Defendant A, a representative director, E Co., Ltd. (hereinafter “E”), (hereinafter referred to as “E”), has undertaken the repair work of the fourth-story building located in the Seoul Northern-gu Seoul Northern-gu (hereinafter “instant building”) and has failed to receive the construction cost from Defendant B, and continues to possess the said rooftop office from July 12, 201, the date the decision to commence a voluntary auction for the instant building was made, and as such, Defendant A continues to possess the said rooftop office from July 12, 201, the date the decision to commence a voluntary auction for the instant building was made, E is a legitimate lien holder. Defendant A’s filing a report on ownership and right to retention with the competent court
B. Each sentence of the lower court on the Defendants of unreasonable sentencing (a fine of five million won) is too unreasonable.
Judgment
A. In light of the following facts and circumstances acknowledged by the evidence adopted by the lower court and the first instance court regarding the assertion of mistake of facts, the rooftop office appears to have been occupied and used by Defendant B, and Defendant A did not possess the rooftop office and did not have a lien, thereby obstructing the fairness of auction by submitting a false report on ownership and right to retention in the voluntary auction procedure for the instant building, even though he did not have a lien.
Therefore, the judgment of the court below that convicted the Defendants is just, and the defendants' assertion of mistake is without merit.
1) The terms and conditions of the standard contract for private construction works that Defendant B and E concluded in relation to the repair work of the rooftop office (the contractor agrees to the contractor to use the possession of the rooftop office for a period of ten years from the date of completion in lieu of the payment of the building cost, and the ownership is transferred to the contractor, and even before the expiration of ten years, the contractor uses the rooftop office according to the transfer of the above ownership if the contractor completely pays the construction cost. However, the contractor uses the rooftop office.