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(영문) 수원지방법원 2018.09.20 2017노8436
업무방해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the facts charged is that on March 19, 2016, the Defendant rendered a ruling to remove the above building from the Suwon District Court on the following grounds: (a) on March 19, 2016, when there was a dispute over the issue of the removal or compensation of the building on the land B (hereinafter “B”) and Pyeongtaek-si C (hereinafter “C land”); (b) the Defendant demanded excessive compensation and did not remove the building; (c) the victim D, the site warden of B, was removed from the above building on June 2016.

On June 5, 2016, the Defendant: (a) parked the “E” 140 FM car at the site of the construction of the “E” siren, managed by the victim D near C land at around 10:0,00, without permission; and (b) was fat and fat on the land; and (c) was fat on the land.

8. From 19:00 to 19:00, it prevented the victims from carrying out new construction works by occupying a place to prevent installation of safety fences, thereby hindering the victims from carrying out new construction works by force.

2. The judgment of the court below

A. The lower court, based on the evidence, acknowledged the following facts.

1) Land C, Pyeongtaek-si G land (hereinafter “G land”), and two-story buildings on each of the above land (such as the above-mentioned land) on each of the above-mentioned land (i.e., “ Pyeongtaek-si C” was located only once on the donation.

The building of this case (hereinafter “the instant building”) was owned by Hai Incorporated, H (hereinafter “H”). On October 12, 2007, the ownership of the instant building and G land was respectively transferred to the Defendant on the grounds of sale and purchase.

2) The ownership of the instant building was transferred to I, who is the Defendant, due to the donation on April 9, 2013, and the ownership of G land was transferred to J on September 19, 2014 due to voluntary auction award.

3) On March 19, 2015, J filed a lawsuit against the Defendant for removal of 34 square meters, which was constructed on the G land among the instant buildings, as Suwon District Court Seowon-gu, 2014Gadan46872, and the said court rendered a judgment ordering the Defendant to remove the said parts.

4) H is land C, etc.

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