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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Erroring facts: (a) The victim F does not have the claim for the construction cost of Git Building in Dongdaemun-gu Seoul Metropolitan Government with respect to N Co., Ltd. (hereinafter “N”), and (2) Even if the victim has the claim for the construction cost, the victim did not have the right to attract the above building because the due date for payment does not have the right to request the payment of the construction cost; and (b) the act of the defendants to follow one set of the glass windows
B. The sentence imposed by the lower court on the Defendants (a fine of KRW 500,000) is too unreasonable.
2. Determination
A. 1) Determination of misunderstanding of facts does not necessarily mean only the possession based on the title to be occupied by the obstruction of the exercise of the right. On the other hand, the possession where the source of the right was lost after the commencement of the possession based on lawful title, the possession until the existence of the source of the right is clarified through the legal procedure, and the possession that can be asserted through simultaneous performance defense rights, etc., which is worth protecting temporarily until the dispute resolution through the legal procedure, including the possession that can be asserted through the legal procedure (see, e.g., Supreme Court Decision 2005Do4455, Mar. 23, 2006) and the court of the trial and the evidence duly adopted and examined at the court below and the court of the trial, the following facts are acknowledged. (A) N provided the above building site between Gogun reconstruction and the reconstruction association on Dec. 19, 2005 and the above association provided the building site in Dongdaemun-gu and PO, Dongdaemun-gu, each of the above building site on the third floor above ground and the third floor below the above ground.
16 households among them shall be newly built and supplied to members, and a joint project implementation agreement shall be made with the content that the remainder shall be appropriated for construction costs, etc. by general sale.