건물명도
1. The plaintiff's action against the defendant A shall be dismissed.
2. Defendant B shall deliver to the Plaintiff the building indicated in the attached list.
1. We examine the legitimacy of the Plaintiff’s lawsuit against Defendant A ex officio, and even according to the Plaintiff’s assertion, the Plaintiff filed a transfer lawsuit against Defendant A on the leased object of this case for the same reason as stated in the grounds for claim in attached Form A (the name of the building at this court No. 2011Da392348), and the above winning judgment seems to have become final and conclusive on April 17, 2012.
Therefore, the Plaintiff’s lawsuit against Defendant A is illegal as it is against the same subject matter of lawsuit as the above final judgment that the Plaintiff won (i.e., the Plaintiff’s compulsory execution of the leased object of this case against Defendant A based on the above final judgment; and the instant lawsuit is clearly recorded as of June 26, 2015 when three years have elapsed since it was impossible from the date when the above final judgment became final and conclusive; thus, there is no special circumstance to interrupt extinctive prescription of the claim based on the above final judgment.). Accordingly, the Plaintiff’s lawsuit against
(On the other hand, even though the plaintiff seems to have died of the defendant A, there is no evidence to confirm the death of the defendant A, and the death report is not made even on the basic certificate of June 11, 2015 against the defendant A on June 2, 2015).
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Grounds: Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);