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TITLE Supreme Court Decision 2017Do9999 Decided September 7, 2017【Property Damage; Intrusion into a Residential Building】* First draft [full Text]
Summary
[1] Meaning of “immediately” under the proviso of Article 209(2) of the Civil Act stipulating the right to recapture real estate through one’s own effort, and standard for determination of whether such right was “immediately” exercised
[2] In a case where: (a) an executor carried out the transfer of real estate against the Defendant who was asserting the right of retention over the apartment owned by the housing association creditor (“Party A”); and accordingly, (b) the Defendant, out of spite, damaged the apartment entrance door and the door lock to forcibly enter the apartment, resulting in the Defendant being indicted on charges of property damage and intrusion into a residential building, the case holding that found the Defendant guilty of having recaptured possession of the apartment in one’s own ability on the ground that said act did not constitute a self-help remedy under the Civil Act
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