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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The Defendant, from March 3, 2003 to December 30 of the same year, submitted a claim statement about KRW 224 billion to the above court on June 17, 2004, and the above auction procedure was completed on June 22, 2004.
Since then on March 16, 2007, the above building transferred its ownership to KRNC (former Liquidation Corporation) and on April 24, 2015, the victim F purchased on April 24, 2015 and transferred its ownership on November 9, 2015.
Meanwhile, the Defendant lost the above right of retention by suspending possession, which is the requirement to maintain the interest on the establishment of the right of retention, without taking measures to suspend the statute of limitations on the said construction cost, and the owner (State)’s credit information (state)’s agent of the KRNC concluded a contract with the Korea-U.S. comprehensive service (state) and managed the said building on May 2015. After the completion of the registration of relocation of the said building, the victim managed the said building by replacing the key of the entrance of the said building on December 12, 2015.
Accordingly, even if the right of retention which has been extinguished due to the loss of possession commences again, the right of retention which has been extinguished due to the loss of possession cannot be restored until the possession is recovered after filing a lawsuit for recovery of possession in favor of the winning court and obtaining a favorable judgment. However, on April 6, 2016, in order to claim the right of retention against the victim, the key installed by the victim was cut off, and accordingly, the right of retention was suspended on July 29, 2016 by the Chungcheong branch office of the Chungcheong District Public Prosecutor's Office.
1. In order to enter the building from the latter part of the D Building located in Chungcheongnam-si (Gu) around 12:50 on April 27, 2016, the Defendant damaged the property, by removing the contact part of the steel file that the victim F acquired the ownership, as above, in order to enter the building, the repair cost is 10.