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(영문) 수원지방법원성남지원 2016.07.22 2016가단2672

구조물철거 등

Text

1. The Defendants shall deliver to the Plaintiff the 1st floor of 296.89 square meters among the real estate listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The real estate indicated in the attached list (hereinafter “instant building”) and C large 762 square meters (hereinafter “instant land”) were owned by the Korean National Cultural Association, an incorporated association. D applied for compulsory auction against each of the instant real estate to Sungnam branch branch of Suwon District Court for the compulsory auction on November 27, 2012, and completed the registration of transfer of ownership due to the sale by compulsory auction on January 12, 2016.

B. Defendant A filed a lawsuit against the Korea National Culture Association, an incorporated association, to confirm the existence of a lien on the instant building as Seoul Eastern District Court 2015Gahap1770, but the said court rendered a judgment dismissing Defendant A’s claim (hereinafter “related judgment”) on October 28, 2015, and the said judgment became final and conclusive around that time.

C. On April 19, 2016, the Plaintiff filed an application against the Defendants for provisional injunction against entry and access by Suwon District Court Branch Branch 2016Kahap9, and the said court rendered a decision that “The Defendants shall deliver the instant land to the Plaintiff, and shall not enter each of the said real estate against the Plaintiff’s will to leave the instant building, on the condition that the Plaintiff deposits KRW 20,000 for the Defendants in cash or submits a payment guaranty insurance policy with the said amount as the insurance amount.”

Accordingly, Defendant B filed an objection to provisional disposition by Sungwon District Court Branch 2016Kahap33, but the above court rendered a decision to authorize the provisional disposition of this case on June 10, 2016. D.

On December 15, 2012, Defendant A installed a container stuff outside the instant building, and removed it. At present, Defendants currently occupied the first floor of the instant building.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 3 and 7, and purport of the whole pleadings

2. The facts of the above recognition as to the cause of the claim.