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(영문) 의정부지방법원 2014.01.10 2013고단2794
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

The Defendants publish the summary of the judgment on each of the Defendants not guilty.

Reasons

1. The summary of the facts charged in this case was jointly requested by the Defendants to leave the building owned by the Korean Land and Housing Corporation in Guro-si around 10:00 on July 1, 2013 by the employees of the Korea Land and Housing Corporation from the second floor of the above building used by the Defendants as the FF Emergency Countermeasure Committee office, but the Defendants did not comply with such request, and the Defendants used the first floor of the above building as the above Emergency Countermeasure Committee office to leave the victim without good cause.

The Gu refused to comply with the Gu.

2. Determination

A. (1) On December 17, 2012, the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) has accepted the registration of ownership transfer on December 27, 2012, and completed the registration of ownership transfer on December 27, 2012. The instant building is a building with two floors above the above site (resident-shared facility-ro party).

the acceptance of obstacles around December 2012, and the compensation of obstacles has been completed.

(2) On July 1, 2013, I, an employee of the Korea Land and Housing Corporation, requested the Defendants to leave the building of this case, and shall leave the entrance of the building of this case.

The defendants have attached an official address, and the defendants shall leave as the chairperson, vice-chairperson, and general secretary of the F Emergency Countermeasures Committee.

For about one year from the date of hearing, the first floor of the building in this case has been occupied as an office of the Emergency Countermeasure Committee, and around June 2013, the Emergency Countermeasure Committee was also used as a consultation place when it consults with the related parties of the Korea Housing Corporation and the Guri Si.

B. The crime of non-compliance with the eviction is a crime of protecting the peace of residence, and the Korea Land and Housing Corporation must leave the defendants.

While it appears that the Defendants had occupied and used the first floor of the instant building for a considerable period prior to July 1, 2013, the Korea Land and Housing Corporation did not have any evidence to deem that the Defendants had commenced possession of, or commenced substantial management of, the said building at the time of July 1, 2013, as well as the Korea Land and Housing Corporation.

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