1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

1. Basic facts

A. On September 24, 2016, Plaintiff (Appointed Party; hereinafter “Plaintiff”) took over the instant lawsuit after the deceased’s death on the part of the deceased’s wife and the rest of the designated parties, and the Defendant is the head of the D Urban Development Project Association.

B. On October 29, 2015, the execution officer of the Suwon District Court Seowon Housing Site 2015Kahap42, a creditor of the same court as the creditor of the decision on the provisional disposition of eviction 2015Kahap42, the same court, as the creditor of the decision on the provisional disposition of eviction 2015Kahap42, released the network A from Pyeongtaek-si by executing the eviction 1808 of the same court (hereinafter “instant compulsory execution”).

C. On October 30, 2015, the following day after the completion of the instant compulsory execution, the Defendant, on October 30, 2015, ordered a waste collection company to collect approximately 100 pieces of large-scale cars owned by the network A, which were loaded at the instant compulsory execution site, to be loaded (a fixed quantity is unclear; hereinafter “the instant typ”).

[Ground of recognition] Unsatisfy, the purport of the whole pleading

2. The parties' assertion

A. The plaintiff asserts that the collection by the defendant without the consent of the deceased A or legitimate compulsory execution constitutes a tort that infringes on the rights of the deceased A, and that the different terms of this case are goods with a commercial nature of at least 19,510,000 won, not the wastes of this case, and thus, they should compensate the plaintiff and the designated parties for the above money.

B. The Defendant asserts that the removal of the instant different language by the Defendant is a tort due to lawful execution, and even if it is a tort, the Defendant’s disposal of the instant different language as part of the performance of duties as the president of an urban development project association. Thus, the Defendant asserts that the subject of the liability for damages is the D Urban Development Project Association.

3. The judgment of the court below ordered the Defendant to collect the instant back language at will after the completion of the compulsory execution of the instant case, as seen earlier, and subsequently the compulsory execution of the instant case was lawful.