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(영문) 서울중앙지방법원 2017.11.24 2017나43861
청구이의의소
Text

1. The decision of the court of first instance is modified as follows.

The defendant is against the plaintiff.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act

2. The 4th page A of the first instance judgment of the first instance court shall be written by inserting “A” into “Plaintiff”.

The fourth 8 pages of the judgment of the first instance court shall be written by cutting "G" into "F".

Each "the first judgment" of the sixth 19th, seventh 5th, sixth 6th 12, and thirteenth 13th 19th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 100.

In addition to the 8th sentence of the first instance court, the following shall be added.

Defendant asserted that “F, even one of the co-owners of the building of this case, cannot be deemed to have succeeded to the right to claim delivery from the Defendant who is the winning party to the judgment of the first instance, unless the right to claim delivery by the Defendant who is the winning party to the judgment of the first instance is not a person to whom the right to claim delivery has been succeeded, so the effect of res judicata of the judgment cannot be deemed to have reached F, and thus, it cannot be deemed that the Plaintiff’s delivery to F is a performance of the obligation to deliver according to the judgment of the first instance court.” However, this stated that “the other co-owners shall not be allowed to request delivery as a preservation act upon receipt of the judgment in favor of one co-owner of the claim for extradition made by the co-owner.” This is against the latter part of Article 265 of the Civil Act.

"2) The expenses incurred in the compulsory execution of the expenses incurred in the execution of the execution incurred in the course of the first and second collection shall be borne by the debtor, and any compensation shall be made preferentially by the execution, and such expenses may be collected together with the claims indicated in the executive titles, based on the executive titles that serve as the basis for the execution thereof

(Article 53(1) of the Civil Execution Act. In this Court case No. 2014TT 28262, the Defendant filed a request for the seizure and collection order to the effect that the Defendant spent KRW 27,300 to the costs of execution related to the primary collection, and the second collection in this Court No. 2016TT 3269.

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