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(영문) 대전지방법원 2018.09.21 2018고정607
권리행사방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

[2018 [Defendant A] On April 19, 2016, the Defendant acquired the ownership of the 4th floor above the ground in Daejeon-dong, Daejeon-gu, by compulsory auction, and the victim D is a person who has occupied the 2nd floor above the above building by asserting a lien.

1. On March 22, 2017, the Defendant interfered with the exercise of rights, by installing locks at the underground entrance of the passage connecting stairs from the underground to the fourth floor of the above building to prevent the victim from having access to the second floor, thereby obstructing the victim’s exercise of rights by taking the second floor of the above building that became the object of lien or possession.

2. On March 19, 2017, the Defendant was in possession of the second floor to view the internal structure of the second floor, when around 12:02 on March 19, 2017.

2 Opening a door with the key of the floor entrance, and intrudes on the structure occupied by the victim.

[2018 High 727] Defendant A acquired the ownership of the fourth floor above the ground level in Daejeon-dong, Daejeon-gu, by compulsory auction on April 19, 2016. Defendant B is the husband of Defendant A, the victim D, the victim E, and the victim E, who claimed the right of retention.

1. The Defendants conspired to interfere with the exercise of rights, and removed the walls of the offices possessed by the victims on the second floor of the above building on August 2017, thereby hindering the victims from exercising their rights by destroying the offices of the second floor of the above building, which were the object of the lien or possession of the victims.

2. From August 2017, the Defendants conspireded to defame the Defendants, and checked that “E, D, etc. are exercising the right of retention by false means” at the entrance of the 1st floor of the said building and obstructed the door.

“A public notice was attached to this purport.”

However, in fact, the defendants knew that the victims exercise their right of retention through the lien report and the report on the investigation of the current status of real estate when they receive the above building, and after the successful bid of the above building is awarded.

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