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(영문) 서울서부지방법원 2015.07.23 2013가단28295
집행문부여에 대한 이의
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 3 and 4 (including paper numbers).

The Korea Asset Trust Co., Ltd. (hereinafter referred to as the “Korea Asset Trust Co., Ltd.”) which is the owner of the fourth apartment house on the ground of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “instant building”) filed a lawsuit against the Postal Space Co., Ltd. (hereinafter referred to as the “Postal Space”) and the New Construction Co., Ltd. (hereinafter referred to as the “New Construction Co., Ltd.”) which occupy the instant building against the instant building.

B. In the above lawsuit, there was a defense that they have the right to possess as a legitimate lien holder.

On May 29, 2009, the above court sentenced the plaintiff on May 29, 2009 that "the defendant shall deliver each of the instant real estate to the plaintiff," and the appellate court sentenced the dismissal of appeal on January 21, 2010 in Seoul High Court Decision 2009Na54593, which was the appellate court, and the above judgment became final and conclusive.

C. On December 7, 2011, Korea Asset Trust completed the registration of transfer of ownership on the instant building to D on January 6, 2012 due to sale and purchase on December 7, 2011, and D completed the registration of transfer of ownership based on the future trust to the Defendant on April 25, 2012.

On July 20, 2012, the Defendant submitted to the Seoul Western District Court an application for grant of succession execution clause to the Plaintiffs, a successor to the Korea Asset Trust, who is a friendly space and successor after the closing of argument in the new comprehensive construction. The officer of the said court granted succession execution clause on August 13, 2012.

2. The assertion and judgment

A. From April 9, 2010, Plaintiff A entered into a lease agreement with D on January 23, 2012, which did not specify the lease deposit amount of KRW 400,000,00, and the lease period of KRW 402.

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