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(영문) 대구지방법원 2018.02.08 2017고단2913
권리행사방해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On January 6, 2014, the Defendant: (a) sold the instant facts charged by the Korea Asset Management Corporation’s headquarters in the Chungcheongnam-gu Daejeon District Headquarters on the grounds that the Defendant owned “the three-story buildings (D weddings) and their site of the steel-frame C and the steel-frame C, Seo-gu Daejeon-gu, Seo-gu, Daejeon-gu, by winning the bid; and (b) the victim E, F, and G were the victims E, F, and G were the construction of the above building’s ground wedding and the extension of the neighboring living facilities; and (c) the Defendant was not paid KRW 689,00,000 in total for the construction cost, from July 20, 2012, before the said building was knocked.

Nevertheless, on May 2016, the Defendant ordered H to remove the above building by ordering H, who is a patroler, to remove the building, and removed a glass window from the first floor to the fifth floor of the building by using booms, ridges, etc., thereby hindering the victims from exercising their right to retention on the building.

2. Determination

A. The summary of the defendant's assertion that the right of retention was established by the victims of the building of this case is limited to the part of the extension building adjacent to the defendant's, not to the building of the Category D wedding, but to the part of the extension building adjacent to the defendant's. Here, the defendant's assertion does not clearly distinguish it for convenience.

at the time of removal, the victims had no possession of the building of this case for the exercise of the lien.

B. (1) Determination 1) The possession, which is the requirement for the establishment of a lien under Article 320 of the Civil Act, refers to the objective relationship that can be seen as belonging to the factual control of the person in light of social norms. At this time, the factual control is not necessarily limited to the physical and practical control of the object, but is not necessarily limited to the physical and practical control of the object, but is based on the concept of society in consideration of the temporal and spatial relationship with the object, the relationship with the principal right, the possibility of exclusion from other people’s control, etc. However, there

in order to make it available.

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