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(영문) 서울서부지방법원 2013.11.05 2012고정1764
권리행사방해등
Text

Defendants shall be punished by fine of 500,000 won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

(Criminal Facts are modified ex officio to the extent that the identity of the facts charged is recognized)

1. Around October 2009, the Defendants entered into a contract with the victim Co., Ltd. D’s operation of the building site C and the victim Co., Ltd. of Seodaemun-gu Seoul (600 square meters) under which the Defendants had been engaged in the construction of a residential building, and entered into a contract with the victim Co., Ltd., Ltd., and the victim Co., Ltd., Ltd., and the victim Co., Ltd., Ltd., to pay for the construction cost in lieu of the newly constructed loan No.

Accordingly, even though the victim completed the above loan construction around June 201, the Defendants did not transfer the ownership of 102 and 105 units of 102 households among 3 households of 1,000,000,000,000.

Accordingly, in order to secure one's own construction cost, the injured party exercised the right of retention for the six generations of the above loan and applied for a provisional injunction against the Seoul Western District Court on the ground that the defendants had the right of retention on the part of the injured party.

Nevertheless, at around 14:40 on February 7, 2012, the Defendants, at the entrance of the above Ba, removed the banner and acquired the possession of the Ba by entering the Ba in order to exercise the right of retention.

As a result, the Defendants conspired and interfered with the exercise of rights by acquiring the possession of the above loan, which is the object of the victim's rights.

2. The Defendants: (a) removed two banners installed by C and F in order to conclude a sales contract by taking possession of the said new loan at the same time and place as the above paragraph (1) in order to conclude the sales contract; (b) removed on February 10, 2012, the victim-owned land from the Newly-built loan around 07:30 on February 10, 2012, at the victim-owned market price of KRW 1 million.

Accordingly, the Defendants conspired to damage the property owned by the victim.

Summary of Evidence

1. Some of the records concerning the interrogation of the Defendants to the prosecution

1. C.

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