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(영문) 서울중앙지방법원 2015.05.21 2014노4959
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of legal principles determined the contract term as six months at the time of the instant lease agreement, and agreed to terminate the contract in the event of arrears for more than five days, and to arbitrarily remove the lessee’s goods after replacing the key.

Therefore, the defendant's act of this case is an act with the consent of E, and there is a ground for excluding illegality.

B. The lower court’s sentencing of an unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the lower court, the following facts are acknowledged in determining the misapprehension of legal doctrine’s assertion.

① On June 19, 2013, E and D (the above company and the Defendant (the Defendant’s side, the parties to the contract; hereinafter “instant building”) entered into a short-term use contract for real estate facilities (hereinafter “instant lease contract”) in order to reside in E with respect to buildings F. 207 in Seoul Special Metropolitan City (hereinafter “instant building”), and the details thereof are as follows.

The period of use shall be six months from June 29, 2013 to December 28, 2013: The contract shall be automatically terminated if the payment of monthly user fee of 670,000 won is overdue for at least three days.

The closure of the entrance: When the contract is terminated, the change of the password and the key are replaced, thereby blocking the entrance of the user, and raising no objection even if the supply of electricity and gas is suspended.

A deportation office: If the arrears is not settled within five days after the arrears of the monthly user fee, it may be deemed to have waived all the rights of the user and the deportation office may be made.

A special agreement: In cases falling under any of the following items, the lessor shall terminate the contract without notification, and the lessee shall not be held liable for civil or criminal liability even if the lessee voluntarily ships out and disposes of the goods used by the lessee after the key replacement:

1. The rent which is promised with the lessor is five days;

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