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(영문) 부산지방법원 2017.02.03 2015고단3996
부동산강제집행효용침해등
Text

A defendant shall be punished by imprisonment for two years.

10 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is the representative director of the E-listed corporation established for the purpose of real estate auction business, etc. in Busan Metropolitan Government D.

H Co., Ltd. established for the purpose of selling petroleum in Nam-gu Busan Metropolitan City, which is operated by the injured F, on August 7, 2014, upon the decision of permission for sale, the H Co., Ltd. completed the registration of transfer of ownership in the name of the said company on September 1, 2014, after the successful bid for the land and the building of the gas station in Busan Seo-gu, Busan and three parcels, etc., and completed the registration of transfer on September 4, 2014.

On October 3, 2014, the Defendant entered into a contract for the transfer or takeover of gas stations on the site of the above gas stations with JJ on October 4, 2014, and concluded a contract for the transfer or takeover of the air room for employees on the above site and received authentication, respectively, on November 4, 2014, and attempted to interfere with the operation of the gas stations by occupying the whole site of the gas stations without permission by asserting the ownership of the oil office of the victim, among the capitals, the abandonment, and the employees’ air room, and by occupying the whole site of the gas station without permission.

1. On September 30, 2014, the Defendant infringed the effectiveness of compulsory execution on real estate: (a) around November 4, 2014, the enforcement officer L of the above court completed the execution of the delivery of real estate to the above gas station site on November 13:12, 2014; (b) around November 14, 2014, around 15:00, at around 2.3 meters in height, and 30 meters in length, installed a steel-frame, thereby impairing the effectiveness of compulsory execution.

2. On November 14, 2014, from around 15:00 to March 6, 2015, the Defendant: (a) installed a steel fence in the vicinity of the said gas station; and (b) the employees of the victim company were unable to enter the gas station, thereby hindering the victim company’s employees from spreading the underground tank for minimum maintenance and repair, including the gas station business.

The Defendant, by force, prepares and operates a gas station business by the victim.

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