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(영문) 의정부지방법원 2013.10.29 2013고단2002
부동산강제집행효용침해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who has occupied the instant real estate under the delegation of D who asserts a lien on the real estate listed in the attached list (hereinafter “instant real estate”).

E awarded a successful bid in the auction procedure for the instant real estate on February 7, 201, upon receipt of an order to deliver the said real estate from the Defendant, D, F, and Hanyang Basic Development Co., Ltd. to G District Court G on February 14, 2012, upon receipt of an order to deliver the said real estate, upon receipt of an application for compulsory execution with H as the executive title of the said order on February 14, 2012, and received the said real estate through compulsory execution by the said enforcement officer.

The Defendant knew that the possession of the instant real estate had been transferred to E by compulsory execution as above, thereby harming the effectiveness of compulsory execution of the said real estate by installing a container at the entrance to the said real estate on February 17, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written statement of I;

1. A copy of the decision (case G), a copy of the real estate delivery execution protocol, a copy of each letter, a copy of a payment certificate, a copy of the delegation in possession, a certificate of personal seal impression, or a statement of execution of delivery of real estate

1. On-site photographs (six copies);

1. Application of Acts and subordinate statutes to a criminal investigation report (a report by a police box under the jurisdiction of the competent police box) and a criminal investigation report (a person related to the office of

1. Relevant Article of the Criminal Act and Article 140-2 of the Criminal Act concerning the selection of punishment;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument, the defendant and the defense counsel, who received the order to deliver the real estate of this case as stated in the judgment below, are aware of the fact that the defendant occupies the real estate of this case as D's representative, and the order to deliver the real estate of this case becomes final and conclusive formally, even though D's order to deliver the real estate has been revoked.

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