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(영문) 춘천지방법원영월지원 2015.09.23 2015가단2107
청구 이의의 소
Text

1. Of the instant lawsuits, the Chuncheon District Court does not allow compulsory execution based on the decision of the order of delivery of B real estate.

Reasons

1. On August 2, 2012, the Plaintiff entered into a lease agreement on the instant factory building with Gangwon Food Co., Ltd. and Gangwon-gun, Gangwon-gun, Gangwon-do, Seoul-si, Seoul-si, and operated the instant factory until now. On August 2, 2012, the Plaintiff spent construction cost of KRW 11 million and installed wastewater treatment facilities in the instant factory. After paying KRW 45 million, the Plaintiff installed various facilities and equipment in the instant factory.

As such, the Plaintiff is entitled to exercise the right of retention in the possession of the instant factory with the secured claim to reimburse the expenses incurred before the Defendant acquired the ownership of the instant factory in the voluntary auction procedure. As such, the compulsory execution based on the Chuncheon District Court Young Branch B and C’s order for delivery of each real estate should be denied.

2. We examine whether this part of the lawsuit is lawful ex officio with respect to the decision on the order to deliver the real estate B to the Chuncheon District Court Youngcheon Branch B.

In a lawsuit of demurrer, standing to sue shall be recognized only by a person who is indicated as a debtor on the title of execution, a successor, or a person who has an executory power.

However, there is no evidence to deem that the Plaintiff was not a respondent of the Chuncheon District Court Youngcheon Branch B extradition Order, and there is no other evidence to conclude that the Plaintiff had the executory power over the Chuncheon District Court Young Branch B extradition Order B. Thus, the Plaintiff did not have the standing to file a lawsuit of objection to the instant claim seeking the exclusion of the executory power of the Chuncheon District Court Youngcheon Branch B's

3. An objection to a judgment for which only a judgment on the part of the decision on the delivery order of real estate C by the Chuncheon District Court is possible shall be raised after the establishment of the judgment. The order of delivery of real estate shall be limited to a judgment for which only a complaint may be filed.

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