집행문부여의 소
The plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. The Plaintiffs, in order to enter the land and housing owned by the Plaintiffs, have access to the portion (B) and 33 square meters in order to connect each point in the attached Form No. 1 through No. 3 among the 1,201 square meters of land owned by the Defendant, which are owned by the Defendant, filed a lawsuit against the Defendant claiming confirmation of the right to passage and prohibition of interference with passage by asserting that the Defendant interfered with the passage of the Plaintiffs by parking a vehicle on the said road, attaching concrete of the road, etc. (Seoul District Court Tongwon District Court 2017Gadan26217), and the said court rendered a judgment accepting the Plaintiffs’ claim on September 12, 2018, and the said judgment became final and conclusive at that time.
In addition, even after the aforementioned judgment became final and conclusive, the Plaintiffs filed an application for indirect compulsory performance by asserting that they interfere with the passage of the Plaintiffs on the said road portion (C). On December 26, 2018, the said court rendered an indirect compulsory performance order (hereinafter “instant indirect compulsory performance order”) with the content that “The Defendant shall not commit any act that interferes with the passage of the Plaintiffs, such as damage to concrete packaging on the part of 33 square meters in the attached Form No. 1 to 3,201 square meters, among the 1,201 square meters of the attached Form No. 1 to 1,201 square meters before Tong-gu, Si, Tong-gu.” In addition, the said court rendered an indirect compulsory performance order (hereinafter “instant indirect compulsory performance order”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. Determination as to the cause of action
A. The Defendant asserting that the Plaintiffs’ assertion interferes with the passage of the Plaintiffs by leaving the stone fences stockpiled by the Plaintiffs despite the above final judgment and the instant decision of indirect compulsory performance. Therefore, the Defendant sought grant of the execution clause to receive indirect compulsory performance according to the instant decision.
B. In order for the judgment obligee to enforce a decision of indirect compulsory performance against the obligation of omission as an executive title, the execution clause shall be obtained.