2. The costs of lawsuit shall be borne by the Plaintiff.

A. Since around 1980, C owned 1,097 square meters of the instant forest (hereinafter “the instant forest”). At the time, there was a 19.8 square meters of the 1830 square meters of the bridge and bridged 19.8 square meters of the instant forest (hereinafter “the instant forest”).

B. On November 7, 2000, the Defendant completed the registration of transfer of ownership as the receipt No. 10775 of November 7, 2000 with respect to the forest of this case by the Ulsan District Court, Ulsan District Court (Seoul District Court).

C. The Defendant filed a lawsuit against C to seek removal, etc. of building E existing in the instant forest land under the Yeongdeungpo-gu District Court (2014Gadan1152) (Dadan1152).

On April 7, 2015, the above court rendered a judgment citing the defendant's claim for removal, etc. on the premise that "C around June 1988, removed the previous E building in the instant forest, built a concrete foundation, built a pole, etc., and subsequently acquired a new E building." The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 to 5 evidence (including each number), the purport of the whole pleadings

2. The plaintiff's assertion C did not have originally acquired the E building existing in the forest of this case, and the plaintiff et al., other than C, jointly own the said E building.

In other words, C only performs the partial repair of the above building within the minimum necessary scope to maintain the identity of the building around June 198, but did not construct the new building after removing it. Therefore C cannot acquire the new building at once, and the plaintiff et al. who was the owner of the previous E still shares it.

Therefore, compulsory execution based on the executory exemplification of the judgment with executory power in the Daegu District Court 2014Kadan1152 against the defendant C should not be allowed.

3. In the judgment of civil court, the facts which have been recognized in the judgment of other civil cases, even though they are not bound by the facts which have been established in the judgment of other civil cases, special circumstances.