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(영문) 서울동부지방법원 2016.04.21 2016고정510
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Basic Facts

B is the representative of C Co., Ltd. (hereinafter referred to as C), which is an enterprise leasing real estate, selling real estate, etc., and the victim D(40) is the representative of E Co., Ltd. (hereinafter referred to as E) who is an enterprise leasing real estate, selling real estate, etc.

On March 16, 2012, the company, as the owner of the 16 household unit unsold in lots of the F apartment in Gwangjin-gu Seoul Special Metropolitan City, entrusted the above apartment 16 household unit to the K non-trust Co., Ltd. (hereinafter “K non-trust”). On March 31, 2012, E entrusted the above 16 household unit sales service to E. From around that time, E occupied the above F apartment unit 202 unit as the sales office, one of the 16 household units unsold in lots, and maintained and repaired the above 16 household unit.

In the meantime, the K non-trust decided to dispose of the said real estate in accordance with a trust agreement with the K bargaining license, and entered into a contract to sell the said 16 household unit amounting to KRW 12.1.7 million as of October 4, 2013. C transferred 1.133 billion as down payment on September 30, 2013 to K non-trust, and paid the remainder by December 3, 2013, but failed to pay the remainder by December 24, 2013. A request for extension of the payment date of the remainder to K non-trust on December 24, 2013, the remainder payment was extended to 49,6837,455 won as of December 26, 2013, and the remainder payment was extended to 2014.284.204.

C, as above, intended to settle the balance by purchasing the above 16 households and paying the down payment, selling it in 16 households or receiving a loan as security, etc. However, as E occupies the above 16 households, it was demanded to withdraw from E from 202, etc. due to its failure to give a loan, etc., and E is a sales agency contract with the f bargaining agent.

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