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(영문) 대전지방법원 2012.07.20 2011고단5368
건조물침입등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Around June 21, 201, the Defendant asserted a lien and arbitrarily removed the correction devices installed on the first floor, the front floor, and the rear door of the Defendant, and intruded into the victim’s building without permission, on the ground that the said building was changed from the victim D to the victim D from the building owned by the Daejeon Seo-gu, Daejeon, to the ownership of the said building, and the victim D would have a civil settlement problem between the owner E and the Defendant in order to implement the interior works of the said building, and the victim D had arbitrarily removed the correction devices installed on the first floor, the floor, the front floor, and the rear door of the said building, and infringed on the victim’s building without permission. In such time and at the same place, the Defendant destroyed two correction devices equivalent to approximately 50,000, market price by arbitrarily replacing two correction devices.

2. The defendant and his defense counsel asserted that, while the defendant asserted the right of retention in the above building and occupied the above building, he secedes from the victim, the above locking device is replaced as a possessor of the right of self-help under the Civil Act, and it does not constitute a crime because the defendant enters the above building.

According to the defendant's partial statement in this court, the suspect interrogation protocol against the defendant, the witness F, some testimony of E, F, and police statements in each police statement about E, and the statement in the complaint, the defendant acquired the ownership of the above building on August 1, 2008. The defendant entered into a sales contract on September 3, 2009, the defendant purchased the above building from E on the part of the above building, possessed the key to the above building while carrying the interior of the interior works in the above building, and occupied the above building on April 15, 201, the voluntary auction of the above building was commenced on May 3, 201, the defendant reported the right of retention on the above building at the above auction procedure on May 3, 201, D acquired the above building from E on June 10, 2011, and completed the registration of ownership transfer on his/her behalf on June 13, 201, and D on June 10, 2011.

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