The defendant's appeal is dismissed.

1. As to the Defendant and F with respect to the summary of the grounds for appeal, a summary order of KRW 2 million was finalized due to joint residence intrusion and damage to property, etc.

The defendant was in the exercise of the right of retention on the building "I" located in Namyang-si, Namyang-si, I (Gu address: N). The act of intrusion and destruction as described in the judgment of the court below was conducted by F, and the defendant merely went to the site to explain after being reported by the police and did not appear at the site before the time the police called out. Thus, the judgment of the court below convicting the defendant of the facts charged, which affected the conclusion of the judgment, is erroneous.

2. Determination

A. The following facts are acknowledged according to the evidence duly admitted and investigated by the court below.

(i) the owner of the land, such as N in Namyang-si;

O Around June 2010, to P Co., Ltd. run by F, the construction of the “I building” 102 Dong and 103 Dong building (hereinafter “instant building”) on the above land was awarded a new construction contract.

2) On June 8, 2011, Q Co., Ltd completed the registration of preservation of ownership in the name of theO upon the entrustment of provisional disposition registration that held the right to claim for the establishment of collateral security as the right to preserve the right to claim for the establishment of collateral security.

3) On May 31, 2012, R Co., Ltd. operated by the Defendant, who entered into an implementation contract for the construction and sale of the instant building with theO and the Defendant, concluded a contract for the new construction of the instant building with the Daehan Industrial Development Co., Ltd.

4) As to the instant building and its site with respect to the request for auction by the Fund, S, and the Fund for Auction of the Fund, which is the creditor of theO, the decision to commence the auction on January 22, 2014; the decision to commence the auction by force to the Government District Court on February 14, 2014; the decision to commence the auction by way of U.S. District Court on February 24, 2014; the decision to commence the auction voluntarily on February 24, 2014; and the registration to commence each auction was completed.