(영문) 서울중앙지방법원 2014.05.29 2013고정4986

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(영문) 서울중앙지방법원 2014.05.29 2013고정4986

주거침입

Text

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

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

Reasons

Punishment of the crime

From December 31, 1992, the Defendant and the victim C registered as co-owned share holder of 401 Seoul Special Metropolitan CityD Multi-household 401 (hereinafter “instant real estate”) (the Defendant: 152/230, and the victim: 78/230), but the victim completed the registration as a sole owner of the instant real estate on March 11, 2003 by the judgment of cancellation of ownership on January 2, 2003.

However, the defendant is dissatisfied with the above judgment so that it is difficult for the victim to exercise his right as owner, and he is able to do so as to do so as to be a legitimate owner of the real estate of this case and leave the victim from the above judgment.

The Gu has refused the Gu.

Accordingly, the victim filed an application against the defendant for the execution of delivery of real estate in accordance with the above judgment, and the defendant was forced to leave the real estate of this case around 15:30 on June 15, 2004, and the victim recovered possession of the real estate of this case from this point and replaced the existing locking system installed on the real estate of this case to clarify this.

Around July 2004, the Defendant had difficulty in exercising the right to ownership of the instant real estate, and had the victim arbitrarily removed the lock locking device installed by the victim as above, installed a new locking device, and intruded into the instant real estate from that time to August 23, 2013, and invaded upon the building managed by the victim by residing therein from that time to August 23, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Three times against the accused and the F, and four times a protocol of examination of the suspect for the police (including substitution of a person);

1. Statement by the prosecution against C;

1. Statement of each police statement of C and E;

1. A certified copy of the real estate register, a protocol of execution of delivery of real estate, and judgment (Seoul District Court 200 Ghana21143);

1. Investigation Report Suspect F.

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