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(영문) 수원지방법원 안산지원 2016.04.21 2015고정1551
업무방해등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the E representative director, Co., Ltd., the contractor for the construction of the 1st floor and the 3rd floor D building in Yeongdeungpo-gu, Seoul, and the victim F is the owner of the above commercial building 201 and 202 (hereinafter “instant real estate”).

As Defendant did not receive the construction cost from G outside the case where the above commercial building was constructed, the possession of the instant real estate was transferred on September 14, 2006 as a collateral for the payment of the construction cost.

After the commencement of the auction procedure upon the voluntary request by the mortgagee of the instant real estate, the Defendant reported the lien on the instant real estate with regard to the claim for construction price G as the secured claim, and the victim acquired the ownership on July 16, 2008 upon the successful bid of the instant real estate.

Since then, a lawsuit was filed to confirm the absence of a lien between the defendant and the victim, and on April 10, 2014, the defendant's lien was recognized by the Supreme Court decision.

However, in January 2014, before the final judgment of the defendant's right of retention was rendered, the victim deprived of the real estate of this case and occupied 201 units, and 202 units were leased to third parties to possess them.

On August 1, 2014, around August 1, 2014, the Defendant decided to commence a voluntary auction application for the instant real estate based on the final judgment of the lien, but the Suwon District Court revoked the decision to commence auction on the ground that the Defendant’s lien was extinguished due to the said victim’s possession of the instant real estate.

For such a defendant,

A. On January 13, 2015, around 17:30 on January 17:30, 2015, the entrance gate correction devices were destroyed by an infinite key business operator who is not aware of the fact.

Accordingly, the defendant damaged the property of 150,000 won managed by the injured party.

B. The Defendant infringed upon a structure by destroying and entering the corrective politics as described in the foregoing A, thereby infringing on the structure managed by the damaged person.

(c)

The defendant who interferes with business shall intrude with the foregoing paragraph, and shall street it.

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