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(영문) 대구지방법원 2018.10.16 2017고단5768
권리행사방해등
Text

Defendant

A shall be punished by a fine of KRW 6.2 million, by a fine of KRW 1.0 million, by a fine of KRW 3 million, and by a fine of KRW 300,000.

Reasons

Punishment of the crime

"2017 Highest 5768"- Defendant A is the representative director of the F company that received the successful bid price on August 7, 2017 and completed the registration of ownership transfer on August 12, 2014 after obtaining the successful bid of the building in accordance with the compulsory auction procedure by the court on August 12, 2014.

Since August 2014, the victim D was unable to receive the construction cost for the above E E building, and it reported the right of retention as a secured claim and is still in the exercise of the right of retention.

On April 27, 2017, around 16:00, the Defendant destroyed the inner wall of the second floor G heading room of the E building that the damaged person manages as the object of the right of retention.

As a result, the defendant damaged the object of possession of others and interfered with the rights of others.

Defendant A, B, and Defendant C are the representative director of the FF who won the successful bid for the building in Daegu Northern-gu, Seoul. Defendant B manages the said building as the regular director of the H who entered into the lien arrangement, fire fighting, telecommunications, and electrical construction contract with the said building (State). Defendant C manages the said building as the head of the foregoing (State) H’s private person (State) I as the head of the foregoing (State) H’s private person. Defendant C manages the said building as the head of the foregoing (State) H’s private person. The victim reported the lien in the auction procedure with the acquisition of the construction price as the secured claim against the said building.

1. On March 6, 2017, the Defendant: (a) installed a steel door at the stairs entrance leading from the center of the first floor to the front floor of the 17th floor above the above building; and (b) obstructed the victim’s access to and management of the building, thereby obstructing the victim’s exercise of the right of retention by force.

2. On August 8, 2014, Defendant B: (a) opened the entrance of the above building on the same day to assist the victim’s exercise of the right of retention on the premises of the said building; (b) opened the entrance of the said building on the same day to enable the said K, etc.; and (c) allow them to enter the said building.

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