(영문) 청주지방법원 충주지원 2018.10.10 2018가단2335

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(영문) 청주지방법원 충주지원 2018.10.10 2018가단2335

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. The defendant shall list the plaintiff, C et al.

1. On December 16, 2015, by filing a lawsuit against the deceased D’s heir, who is the owner of the building indicated in the record, such as the Cheongju District Court 2015Kadan1201, Cheongju District Court 201, Cheongju District Court 201

1. Removal of the buildings indicated (hereinafter referred to as “instant building”) and a list in the attached Form;

2. To deliver written land and pay the amount of money calculated at the rate of 160,000 won per year from January 1, 2015 to the completion date of the delivery of the above land, 30,000 won per annum, and the amount of money calculated at the rate of 15% per annum from November 18, 2015 to the day of complete payment.

The judgment of “,” etc. was rendered, and the above judgment became final and conclusive at that time (hereinafter “the judgment of the previous suit of this case”). B. The Defendant’s judgment of the previous suit of this case as the executive title is the Cheongju District Court E and the F claimed by the Plaintiff and the Defendant is the clerical error of “E”.

On October 6, 2016, upon filing an application for alternative enforcement, the instant building was removed according to the procedure of alternative enforcement.

C. On December 18, 2017, the Plaintiff and C prepared the following documents with the Defendant (hereinafter “instant agreement”) and paid the amount prescribed in the said agreement to the Defendant.

The above amount of the receipt fee of KRW 1,000 shall be received from the settlement of the execution cost for the same court substitution execution case by an executory exemplification of the case, such as removal of building No. 2015da1201, Cheongju District Court Cheongju District Court 201, Cheongju District Court 1,000,000 by debtor).

In relation to the subsequent case, I agree not to raise any objection to the following civil, criminal, or criminal matters:

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff and the defendant set up the written agreement of this case based on the judgment of the previous suit of this case.

유사 판례

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