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(영문) 대구지방법원경주지원 2016.11.29 2016가단2454

청구이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The following facts may be acknowledged either as a dispute between the parties or as a whole by taking into account the descriptions of Gap evidence No. 1 and the whole purport of pleadings:

The Defendant is the owner of 417 square meters prior to C in racing-si (hereinafter “instant land”).

B. The Defendant filed a lawsuit against the Plaintiff on November 10, 2015 against the Plaintiff. In the foregoing case, the court rendered a judgment that “The Plaintiff, on the part of the ship’s data processing device that connects the Defendant with each point of 8, 9, 10, 11, 14, and 13 [Attachment 4, 9.1m in length, 2.4m] in the order of each point of 41, 12, 13, 14, and 11m in the attached Form 11, 12, 14, and 11m in the order of each point of 2m2, 2m2, 8, 10, 9, and 98m2 in the order of each point of 417m2, 2015.”

(hereinafter “instant judgment”). The Plaintiff’s summary of the Plaintiff’s assertion removed tin, pursuant to the instant judgment on May 14, 2016, the Plaintiff, in sequence, connected each point of 8, 9, 10, 11, 14, and 13 of the instant land indicated in the annexed drawings.

Therefore, since the defendant's right to claim removal of stone and the right to claim removal of land based on the judgment of this case against the plaintiff has ceased to exist, compulsory execution based on the judgment of this case should be denied.

Judgment

It is insufficient to recognize that the images of the evidence No. 2-1 through No. 7 are insufficient to recognize that the Plaintiff fulfilled the obligation to remove tin or deliver land to the Defendant according to the instant judgment, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.