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(영문) 서울중앙지방법원 2016.07.04 2012고정3532
업무방해등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant of "2012 High 3532" is the owner of C(hereinafter referred to as "C"). The above C is the owner of Seongbuk-gu Seoul Metropolitan Government D apartment building 2 and 3 floors, and the Seoul Central District Court decided on March 11, 2010 that C shall pay management expenses at KRW 37,770,000 to D apartment building 2,00,000 as Seoul Central District Court Decision 2009DaGa29704 decided on March 11, 2010. The appeal was dismissed, and the above decision became final and conclusive on January 27, 201, and the written indictment was "the Supreme Court sentenced on January 27, 201 to pay management expenses at KRW 37,770,000,000,000". Since there is no disadvantage to the defendant's exercise of his right to defense, the victim E, who is the management of the above apartment building, took measures against the above 3th floor.

1. On December 25, 201, between around 01:00 and around December 25, 201, the Defendant: (a) was using a correction device in front of the elevator of the second floor managed by the said victim E; (b) obstructed the victim’s commercial management by blocking the second floor by using a correction device; and (c) by using a correction device in front of the second floor parking lot entrance, etc.; and (d) interfered with the victim’s commercial management by force; (b) the part of the second floor of the instant commercial building is owned by the Defendant; and (c) the part of the second floor is the part of the owner of the second floor divided; and (d) the correction device installed by the Defendant did not interfere with the business management of the instant commercial building even if the manager was informed of the information about the second floor’s number height. However, Article 10(1) of the Act on Ownership and Management of Condominium Buildings belongs to the co-ownership of all the divided owners.

However, the section for common use which is obviously provided only for the common use of some sectional owners belongs to the co-ownership of the sectional owners.

“The part of an aggregate building is divided by all or part of the owner.”

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