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(영문) 수원지방법원 성남지원 2017.07.07 2017고정243
부동산강제집행효용침해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 1, 1996, the Defendant: (a) constructed a wooden building of 67 square meters in the above forest; (b) 13 square meters in a wood warehouse; (c) 5 square meters in a steel container building; (d) 3 square meters in a wood warehouse building; and (e) installed a 2 square meters in a prefabricated-type building in the above forest on his own without the consent of C, who is the owner of the above forest land of 4,297 square meters; and (e) completed compulsory execution on September 17, 2009 by filing a lawsuit against the Defendant on the removal of the building, etc. with the Suwon District Court, the execution officer D, who belongs to the above court on May 20, 208, in accordance with the above final judgment, to remove the above building constructed by the Defendant on September 17, 2009, and to transfer the said forest.

Since then, the Defendant entered the above forest and set up a Gun and Gun road on the ground, and the above C applied for a provisional disposition against the Defendant at Sungnam branch of the Suwon District Court to the effect that “it shall not enter the above forest and field” was prohibited from entering the said forest and field, and received a decision of accepting the disposition of land entry price on December 16, 2009.

Nevertheless, from around 2011 to around 2014, the Defendant infringed on the utility of compulsory execution by arbitrarily constructing a sand site with a size equivalent to 30 square meters of the size of the above C, one roof of the sand site tent, and one string roof house with a size of 24 square meters in the size of the 24 square meters, in sequence, one tran roof house with a size of 1, and one 16 square meters of a wooden tent roof, etc.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol of the police statement to E ( complainant's representative);

1. Certified copy of land register, and written decision of provisional disposition by entry to land;

1. Application of Acts and subordinate statutes in the protocol of police statements to police officers on the scene photographs of removal sites, suspect new buildings, access roads, and Buddhist photographs after compulsory execution;

1. Relevant Article of the Criminal Act and Article 140-2 of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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