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(영문) 서울서부지방법원 2014.08.27 2013고단2352
부동산강제집행효용침해
Text

Defendant

A A shall be punished by a fine of three million won, and Defendant B shall be punished by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

D When the Seocho-gu Seoul E building 1709 was awarded a successful bid on August 27, 2012 with the owner of the said building and the ownership was transferred by means of voluntary auction procedure (the representative G), payment of the price was made, Defendant A and I, the representative director of the said building, with the intent to continue to occupy and lease the said officetel under the name of Defendant A and I, and Defendant A, under the name of (ju) H H H, made a false estimate of construction cost of KRW 240 million on September 20, 2010 for the “E building 1709,” and the Defendant B prepared a false construction standard contract with the false quotation, and submitted the right of retention to the Seoul Central District Court on October 8, 2012, the right of retention was replaced by the “Seoul Central District Court 100,000,000 won” or the “Seoul Central District Court 20,010,000 out of the entrance of the building 17,010.

As a result, the Defendants conspired to intrude into the real estate ordered by compulsory execution, thereby impairing its utility.

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. Statement of each police statement against G, L, or K;

1. Each investigation report (related to the preparation of a written estimate, related to the complainant and the AC of the suspect, related to the original form at the time of sale in the office, and the investigation of the reporter of property damage and intrusion of 1

1. Copy of the real estate register, details of auction date, and progress of the case;

1. A protocol of the delivery of immovables, that of the possession or transfer of immovables, and that of the provisional disposition and execution of immovables;

1. All on-site photographs;

1. A written confirmation of transfer and a written confirmation of payment of management expenses;

1. The report on the right to retention, the power of attorney, the standard contract for construction works, estimates, and receipts;

1.B Payment Certificates and Receipts for Preparation B, and I.

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