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(영문) 광주지방법원 2017.11.23 2017고정1338
주거침입
Text

The defendant shall be innocent.

Reasons

1. On March 17, 2017, the Defendant infringed on a building managed by the victim D in Jindo-gun C, Jindo-gun, by having the Korea Land Information Corporation, Gwangju, Jindo-gun branch staff of Jindo-gun, etc. open an entrance and open the entrance, and allowing the damaged party to conduct a survey without the victim’s permission.

2. According to the records of this case, the following facts are recognized.

A. The deceased F is the father of the deceased G (maF) and the victim D, and the Defendant is the child of the deceased G.

B. On August 11, 1931, 1931, the deceased F purchased H large 212 square meters, and around around 1932, the two buildings registered on the ground of the instant land as indicated in the facts charged (hereinafter “instant building”) were newly constructed and used as dwelling.

(c)

On February 29, 2008, the Defendant completed the registration of the transfer of ownership on the instant land by reason of a self-donation on February 2, 198, pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate.

(d)

On December 31, 1989, the deceased died on December 31, 1989, and as the heir of the network F, there are the deceased G, victim D, I, J, K, L, and M. The heir of the network G is the wife, N and four other persons, including the Defendant.

In the above facts, there is no building ledger or building registry concerning the building of this case, and the defendant and the victim seem to have established a dispute over the ownership of the building of this case for a long time, and if the building of this case was prosecuted for "building" not "residential", the building of this case was originally used for residential purpose by the victim or the netF, even though it was a residential purpose, other heirs of the victim or the networkF did not use it for residential purpose.

Therefore, even though the victim remains in the building of this case intermittently, the victim has come to have exclusive control over other co-inheritors.

shall be deemed to be.

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