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1. The Plaintiff:
A. Defendant B: (a) on the one building listed in the separate sheet:
B. Defendant C is a 2 building listed in the attached list.
Reasons
1. Facts of recognition;
A. The Plaintiff, as the owner of the land in Busan Northern-gu D (hereinafter “instant land”), sought the removal of e-Ba, which was constructed on the ground (hereinafter “instant loan”), against Defendant C, the owner of e-Ba (hereinafter “instant land”), and filed a lawsuit seeking the removal against F, G, and H (hereinafter “Usan District Court Decision 201Ga13288,”) and was handed down in favor of the Plaintiff on April 29, 2013.
Although Defendant C et al. filed an appeal against the above judgment (Seoul District Court Decision 2013Na8127) and the final appeal (Supreme Court Decision 2014Da22802), both Defendant C et al.’s appeal and final appeal were dismissed. The above judgment became final and conclusive on June 26, 2014.
B. Defendant B possessed the instant loan No. 101 (attached Form 1) which was possessed by Defendant C at the time of the judgment prior to the instant lawsuit, and the Defendant C occupies the instant loan No. 102 (attached Form 2) which was possessed by Defendant C, respectively.
C. The Plaintiff intended to enforce the instant judgment of the previous suit as the executive title to enforce a compulsory execution against No. 102 of the instant loan. However, a compulsory execution was not carried out on the ground that the occupied portion was uncertain, such as the possession by Defendant C, not F, who was the possessor at the time of the said judgment of the previous suit pursuant to Article 102.
[Ground of recognition] Evidence Nos. 1-1 through 4, Evidence Nos. 2 and 3-1, 2, Evidence Nos. 4, Evidence Nos. 5-1 through 3, and purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Plaintiff has the right to seek removal of the entire loan of this case possessed by the Defendants, and the removal of the above loan can not be executed unless the Defendants’ possession is removed.
Therefore, Defendant B is obligated to leave the Plaintiff from No. 101 of the Loan of this case, and Defendant C is obligated to leave the Loan of this case No. 102.
3. Determination of the Defendants’ assertion is made.