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(영문) 부산지방법원 2018.12.13 2018가단311322
집행문부여에 대한 이의의 소
Text

1. As to the mediation protocol for the case of removal of buildings, etc. by the Defendants against the Plaintiff by Busan District Court 2015Kadan223455

Reasons

1. Facts of recognition;

A. The third floor parking lot building located on the land of Busan Jin-gu Busan (hereinafter “instant land”) (hereinafter “instant building”) is unregistered temporary buildings.

B. G Co., Ltd.: (a) newly constructed a 5th Mart building on the ground, other than H land adjacent to the instant land (hereinafter “the instant adjacent building”); and (b) operated a set in the trade name “Iart”; (c) constructed a passage connecting the 3rd floor of the instant building with the 3rd floor of the instant adjacent building; and (d) used the 3th floor of the instant building as part of a set store.

C. After that, G sold the instant building to the Plaintiff, and the instant neighboring building was leased and operated in order by J, K, and L. In the instant building, the Plaintiff and the said lessee used some of them.

The Defendants, through a voluntary auction on June 10, 2015, acquired the ownership of the instant land and the neighboring building and its site through the voluntary auction on June 10, 201, and the shares of the Defendants are 1/4 and 1/2 each of Defendant 1, 2, and Defendant 3.

Then, on July 2, 2015, Busan District Court Decision 2015Gadan2234555 decided July 2, 2015, against the Plaintiff: (a) removed the instant building constructed on the instant land owned by the Defendants (referring to the Defendants of this case, other than the instant case; and (b) filed a lawsuit demanding the Defendants to deliver the relevant part of the building site to the Defendants.

(hereinafter referred to as “prior action”). (e)

On March 22, 2016, the following mediation was concluded between the Plaintiff and the Defendants in the preceding lawsuit:

(hereinafter referred to as “instant protocol of mediation”). Abstract of mediation provisions

1.(a)

The plaintiff removes the building of this case and deliver the part of the land to the defendants.

B. The Defendants are owned by the Defendants, which are installed on the rooftop of the instant building.

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