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(영문) 서울고등법원 2015.03.26 2012나31194

강제집행무효

Text

1. The motion for intervention of the plaintiff and co-litigation intervenor brought in the trial shall be dismissed.

2.In the trial, the trial shall be held.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Selected B (hereinafter “Plaintiff, etc.”)

(2) In the case of Seoul Eastern District Court Decision 2010Gahap4699 (main office), 2010Gahap4705 (Joint Office), 2010Gahap4712 (Joint Office), and 2010Gahap4729 (Counterclaim), which was filed between the Defendants, the above court rendered on August 27, 2010 that “(i) to the Defendants, the Plaintiff, as indicated in the real estate list (hereinafter “instant building”) on [Attachment 1], and the Plaintiff, etc., deliver the five floors among the instant building (hereinafter “the above underground floor and the five floors”) and ② the Defendants, respectively, rendered a provisional execution to each of the Defendants, that “The Defendants shall pay KRW 10 million to B,50 million, and KRW 50 million, respectively,” (hereinafter “instant judgment of the first instance”).

(2) The Plaintiff, etc. appealed to Seoul High Court Decision 2010Na87063 (main office), 2010Na87070 (Joint Office), 2010Na87087 (Joint Office), and 2010Na87094 (Counterclaim). The above appellate court accepted the simultaneous performance defense of the Plaintiff, etc. on March 30, 2012 and modified the first instance judgment of this case, and “the Defendant shall deliver the basement of this case to the Defendant; (1) the Plaintiff, etc. received KRW 10 million from the Defendants; and (2) the Plaintiff, etc. received KRW 50 million from the Defendants; and (3) the first instance judgment became final and conclusive on August 23, 2012 (hereinafter “instant appellate judgment”); and (4) the above judgment became final and conclusive on August 23, 2012 (hereinafter “instant appellate judgment”).

B. The Defendants, upon completion of compulsory execution on September 7, 2010, filed an application for delivery execution of the instant building portion with Seoul Eastern District Court 2010No325, the Seoul Eastern District Court (hereinafter “Seoul Eastern District Court”) based on the judgment of the first instance on September 7, 2010, and the said enforcement officer affiliated with the said court filed an application for delivery execution on September 15, 2010 with the presence of the witness two witnesses and the Defendants’ agents, and owned by the Plaintiff, etc.