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(영문) 서울중앙지방법원 2014.02.06 2013고정6757
부동산강제집행효용침해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant asserts that there is a lien on the construction cost as security for the Seoul Dongjak-gu Seoul Metropolitan Government D Multi-household 201, and the Defendant was awarded the said house at H voluntary auction at the Seoul Central District Court H, and completed the registration of ownership transfer on December 26, 2012, and thereafter, on April 11, 2013 at F’s request, the Defendant maintained the lien on the said house, on the ground that the Defendant, despite the fact that the possession of the said real estate was handed over to F by enforcement officer N’s compulsory execution on April 1, 2013, with the enforcement officer’s title, on the ground that:

1. On April 14, 2013, around 17:30, 201, the effectiveness of compulsory execution is impaired by writing the following phrases: “A successful bidder of this house is unable to move in until the date of the judgment,” and “in the course of a lien,” with the phrase “a successful bidder is unable to move in by the date of the judgment,” and “in the course of a lien.”

2. On April 30, 2013, when intrusioning on the above multi-household housing, around 21:00, the construction cost was “influenced the effectiveness of compulsory execution by avoiding disturbance, such as failing to comply with the F’s eviction request, while the construction business operator of the Dolet Park Dok, which the F had engaged in the construction of the construction cost as “influenced the sound,” thereby preventing the construction from doing so

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes, and Article 140-2 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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