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(영문) 수원지방법원 여주지원 2021.01.13 2020가단57894

집행문부여의 소

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 12, 2018, the Plaintiff filed a lawsuit against the Defendant seeking the removal, etc. of obstacles, such as the steel gate, installed within the Gyeonggi-gun Land (hereinafter “instant land”) owned by the Defendant as Suwon District Court Branch Branching 2017Ga grouping 1921, and was sentenced to the first instance judgment accepting the Plaintiff’s claim on September 12, 2018.

B. The Defendant dissatisfied with this and filed an appeal with Suwon District Court 2018Na8095, but the appeal was dismissed on September 27, 2019 and the judgment of the first instance became final and conclusive around that time (hereinafter “final judgment of this case”). C.

On the other hand, on September 27, 2019, the defendant completed on September 27, 2019 the registration of the transfer of ownership on the land of this case to the successor to his child.

(d)

On July 21, 2020, the Plaintiff filed an application with Suwon District Court Branch D for substitute execution to remove the above obstacles with the title of enforcement of the final judgment of this case. On August 27, 2020, the Defendant submitted a written reply with the court of execution stating that “The Defendant already transferred the ownership of the instant land and its ground to the successor and did not have a position to remove the above obstacles, so the Plaintiff’s application for substitute execution should be dismissed.”

E. Accordingly, on September 14, 2020, the Plaintiff was notified by the executing court that the above application cannot be accepted on the same day, on the ground that the successor succeeded to the obligation to remove the obstacles indicated in the execution title by the Defendant as the executory debt.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. An objection to the grant of the execution clause among the objections against the legitimacy of the instant lawsuit or the grant, etc. of the execution clause as provided by Article 34(1) of the Civil Execution Act shall be indicated in the execution clause when the execution clause was granted by any person as the obligor.