beta
Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. E operated a coffee shop with the trade name “G” in Songpa-gu Seoul Metropolitan Government F apartment (hereinafter “instant real estate”). C operated a restaurant with the trade name “H” in subparagraphs 102 through 108 of the instant real estate, and C (hereinafter “I”) established and occupied the instant real estate 109.
B. On July 26, 2013, the Defendant filed an application with Nonparty E, C, and I for provisional injunction against the transfer of real estate of this case under the court 2013Kadan6383, with respect to Nonparty E, C, and I as the debtor. On August 9, 2013, the court rendered a decision accepting the above provisional injunction (hereinafter “instant provisional injunction order”).
C. On August 27, 2013, the enforcement officer of the Seoul Eastern District Court completed the execution of the instant provisional disposition as to the instant real estate Nos. 102 through 108 by attaching a notice stating the contents of the instant provisional disposition decision under the presence of C’s staff J on August 27, 2013 upon the Defendant’s application.
On July 25, 2013, the Defendant filed a lawsuit against Nonparty E, C, and I against the instant real estate Nos. 101 through 109 in this Court. On February 14, 2014, the said court rendered a ruling that “I shall file a claim against the Plaintiff for the name of the instant building; “I shall use the instant real estate No. 101; C shall use the instant real estate No. 102 through 108; and I shall transfer the instant real estate No. 109” (hereinafter referred to as the “instant related ruling”); on this basis, E, C, and I appealed, but the said appeal was dismissed (Seoul East District Court 2014Na20822); and upon receiving a final appeal by C, the said ruling became final and conclusive.
E. According to the instant judgment, the Defendant attempted to deliver and execute the instant real estate 102 through 108 on November 11, 2014, but the Plaintiffs jointly possess and use, or independently occupy, C and the instant real estate 102 through 108.