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(영문) 서울중앙지방법원 2020.06.11 2019가단5296175

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. As the owner of the building indicated in the separate sheet, the Plaintiff, who was the owner of the building indicated in the separate sheet, was over the boundary of the land indicated in the separate sheet that part of the building was owned by C and filed against C against the Plaintiff in this court’s claim for removal of the building and delivery of the site: ① up to May 15, 2005, the conciliation was concluded to remove the additional parts of the building of this case by April 15, 2014.

B. On October 24, 2019, the Defendant: (a) transferred the ownership of the instant land from C before transfer; and (b) filed an application for compulsory execution pursuant to the above conciliation protocol on November 25, 2019, as a successor to the right under the said conciliation protocol.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, 4, and 5, the purport of the whole pleadings

2. The plaintiff asserts that the compulsory execution by the defendant should not be permitted since the following grounds arise after the above mediation is completed:

Since C and the Defendant received user fees with excessive time limit for removal under the above protocol after the formation of the conciliation of this case, it has been permitted to use the land for the above infringed part for a considerable period of time. Therefore, an implied agreement was concluded to postpone the above removal.

B. In the event of demolition of the above building, the construction cost due to demolition of the building cannot be ensured as well as the safety of the remaining building, thereby preventing socioeconomic losses. On the other hand, the defendant is unable to construct the building on the ground even if the above part of the building site is delivered, and it is impossible to use the building on the ground, and the above removal is not substantial. Therefore, the execution of the above protocol

3. Determination

A. Even if the Defendant, who became a successor to the subject matter of a lawsuit after acquiring the ownership of the instant land from C or it, has suspended the removal for a considerable period of time after the execution date of the removal obligation under the above conciliation protocol, such circumstance alone is C.