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(영문) 서울중앙지방법원 2019.06.04 2018가단5132540
제3자이의
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Defendant filed an application with the Seoul Central District Court 2017Kahap81072 against the F Co., Ltd. (hereinafter “F”), G Co., Ltd. (hereinafter “G”), and E Co., Ltd. (hereinafter “E”), and the said court rendered a decision on August 17, 2017 that “The debtor F shall, with respect to the entire real estate of this case, remove possession of the entire seven floors among the instant real estate and deliver it to the execution officer delegated by the creditor.”

B. Since then, the Defendant filed a lawsuit against F, G, and E against F, the Seoul Central District Court 2017Gahap58239, and on January 23, 2018, the said court rendered a judgment with the effect that “The Plaintiff is entitled to the instant real estate, Defendant F is entitled to the instant real estate, Defendant G is six of the instant real estate, and Defendant E is entitled to deliver seven of the instant real estate (hereinafter “instant judgment”). The instant judgment became final and conclusive on March 13, 2018.

C. On April 26, 2018, the Defendant obtained the instant judgment as the executive title, and completed the real estate delivery execution clause with respect to the sixth floor among the instant real estate on April 26, 2018. On May 23, 2018, the Defendant completed the real estate delivery execution clause for the seventh floor among the instant real estate.

[Ground of recognition] Facts without dispute, Gap 1, 7 evidence, Eul 1, 3, 6, 8 evidence (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant leased the instant real estate to F and consented F to sublet the instant real estate.

From F, Plaintiff A Co., Ltd. and Plaintiff B Co., Ltd. possessed the 6th of the instant real estate, and the 7th of the instant real estate, respectively. Based on the instant judgment, the Defendant, based on the instant judgment, carried out the delivery of real estate to the 67th of the instant real estate.

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