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1. The part concerning the claim for the expenses of compulsory execution and the expenses of alternative execution among the lawsuit in this case shall be dismissed.
2. The defendant 41.4
Reasons
1. In the procedure of compulsory execution of the part concerning the expenses of compulsory execution and the part concerning the claim for alternative execution in the lawsuit of this case, the expenses of execution not reimbursed should be separately applied for a decision on the amount of execution expenses to the executing court and executed the said decision as its executive title. In a separate lawsuit, seeking a debtor to pay the amount equivalent to the execution expenses is unlawful as there is no benefit of lawsuit (see, e.g., Supreme Court Order 96Da8, Aug. 21, 1996; Supreme Court Order 2001Da26873, Jul. 27, 2001; Supreme Court Order 2001Da26873, 26880, Jul. 27, 2001). Therefore, it is not allowed to seek a separate lawsuit, not for the application for the determination of the amount of execution expenses
Therefore, the above part of the lawsuit of this case is unlawful and dismissed.
2. Determination on the remainder of the claims
A. The Plaintiff, who is engaged in the business of repairing and selling different fish, acquired the ownership of the C-C-49 square meters (hereinafter “instant land”). As the Plaintiff installed a fence and warehouse on the instant land and occupied the instant land without permission, the Plaintiff filed a lawsuit against the Plaintiff on the claim for removal of Seodaemun and transfer of land, etc. by filing a lawsuit against the Plaintiff under the 2015Kadan6689, Gwangju District Court 2015Kadan6689, and finally won the Plaintiff through the appellate court and the final appeal.
Therefore, the Defendant shall compensate the Plaintiff for the total of KRW 41,00,000 and KRW 562,100 for expenses for boundary restoration incurred by occupying the instant land without permission from October 2014 to February 2, 2018 in order to lease a separate land for which the Plaintiff would load the used-in-house fishing.
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);