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(영문) 대전지방법원공주지원 2016.03.17 2015가단1597
제3자이의
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

Reasons

1. Facts of recognition;

A. The Defendant completed the registration of ownership transfer with the head of Daejeon District Court No. 10808, Apr. 16, 2007, as to D Large 83 square meters (hereinafter “instant land”).

B. The Defendant filed a lawsuit with Daejeon District Court (Seoul District Court) for the instant land against Nonparty 2, who resided in the instant building site, etc. as the owner on the registry of the 172 cubic meters of the attached Table No. 9, 13, 16, 17, 7, 8, and 9, in sequence, among unauthorized housing constructed on the Ean Unit 172 cubic meters and on the ground, connected each point of the 8 square meters of the ground section below, connected each point of the 8 square meters of the ground brick and 8 square meters of the ground brick and 8 square meters of the same drawing, 10, 11, 12, and 5 square meters of the same drawing, among unauthorized housing constructed on the Ean Unit 172 cubic meters and the 172 meters above the instant land.

C. The Plaintiff participated in the above lawsuit filed by the Defendant against Nonparty C with Nonparty C as the attorney of Nonparty C.

On the above claim of the defendant, the non-party C made a defense, such as the completion of the prescriptive acquisition period for the instant housing, etc. and the conclusion of the permanent free lease contract with the defendant.

On February 12, 2015, the above court recognized Nonparty C as the owner of the instant housing, etc., and declared that Nonparty C removed the instant housing, etc., and that Nonparty C would remove the instant housing, etc., and deliver the same in sequence, among the instant land, to Nonparty C, who connected each point of the attached Form Nos. 1, 10, 11, 12, 12, 5, 5, 6, 7, 8, 9, and 1 (hereinafter “the instant judgment”).

E. On March 13, 2015, the Defendant filed an application with the above court for alternative enforcement based on the instant judgment against Nonparty C, and the said court accepted the said application on March 31, 2015.

However, the Plaintiff is therefore.

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