청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The defendant.
1. The reasoning for the court’s explanation of this part of the underlying facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion and judgment
A. As to the first argument, the Plaintiff asserts that, in a lawsuit brought by the Republic of Korea against the Defendant, “the Defendant shall implement the procedure for the registration of ownership transfer based on the cancellation of title trust with respect to the instant land” was sentenced to the judgment and that, even though the judgment became final and conclusive on November 15, 2012, the Defendant’s exercise of the Defendant’s right cannot be deemed justifiable, compulsory execution based on the judgment of this case should not be denied. (2) Article 44(1) and (2) of the Civil Execution Act provides that, in order for the obligor to raise an objection against the final and conclusive claim pursuant to the judgment, the Plaintiff shall file a lawsuit of objection with the court of the first instance regarding the claim in the judgment, and that the objection ought to have arisen after the pleadings were closed (in the case of the judgment without holding any pleadings
Therefore, the grounds for objection cannot be the grounds for objection on the claim established by the judgment before the closing of pleadings. Since the above grounds alleged by the Plaintiff arose after the closing of pleadings in the Seoul Central District Court 2012Na15892 case, the grounds for objection cannot be the grounds for objection.
Therefore, the plaintiff's above assertion is without merit.
B. 1) As to the second argument, the Plaintiff paid unjust enrichment against the Defendant upon the deposit for repayment of the instant case. As such, the Plaintiff removed from the instant building, the Plaintiff asserts that compulsory execution based on the instant judgment should not be permitted. 2) Even if the owner of a building without authority does not actually use or benefit from the building on the land owned by another person, barring any special circumstance, the said owner’s own legal cause.