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(영문) 서울중앙지방법원 2016.10.11 2016가단25940

건물등철거 및 토지인도

Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant H.

Reasons

1. As to the legitimacy of the Plaintiff’s claim against Defendant B, the Plaintiff appears to have sought implementation of the registration procedure for cancellation of the registration of the right to collateral security and right to collateral security and right to collateral security and right to lease on a deposit basis on behalf of the remaining Defendants, other than Defendant B, for the sake of preserving the right to claim removal of housing as stated in the Disposition No. 2 against the Defendants and the right to claim delivery of land as

An obligee may exercise the obligor’s right on behalf of the obligor in order to preserve the obligor’s claim. Barring special circumstances, such as where the obligee’s right to preserve and the obligor’s right to exercise the obligee’s right in subrogation is closely connected and the obligee’s right to exercise his/her right in subrogation is at risk of not being able to obtain the complete satisfaction of his/her claim unless the obligee exercises his/her right in subrogation of the obligor’s right, and where it is necessary to ensure the validity and appropriate implementation of the obligee’s right in subrogation of the obligor’

(1) The Plaintiff, regardless of the cancellation of the registration of the right to collateral security and right to lease on a deposit basis against Defendant B, may obtain satisfaction of the claim by enforcing compulsory execution in accordance with a favorable judgment against the remainder of the Defendants, regardless of the cancellation of the registration of the right to collateral security and right to lease on a deposit basis against Defendant B. As such, the Plaintiff’s right to claim removal and the right to claim delivery against the remainder of the Defendants is closely related to the remainder of the Defendants’ right to claim cancellation of registration against Defendant B, or is closely related to the remainder of the Defendants’ right to claim cancellation of registration against the remainder of the Defendants, or if the Plaintiff does not exercise its right to claim cancellation by subrogation of the remainder of the Defendants’ right to claim cancellation.