beta
Text
1. The defendant,
A. The Seoul Central District Court 2012Na15892 (No. 2012) against Plaintiff A and B shall have the executory power to withdraw from the building.
Reasons
1. Facts of recognition;
A. The Defendant was the owner of Jongno-gu Seoul Metropolitan Government F. F. 624.2 square meters and G large 53.1 square meters (hereinafter “instant land”). The Plaintiffs owned the sectional owners of “H” (hereinafter “instant building”), an aggregate building constructed on the instant land, and the Plaintiffs A and B owned 125 and 125-1, Plaintiff C, 112, Plaintiff C, and Plaintiff D, respectively.
B. The Defendant filed a lawsuit against the Plaintiffs and the final judgment 1) against the Plaintiff A, B, and the sectional owners of the instant building seeking removal of the building, delivery of the land, and return of unjust enrichment (this Court 2008Gadan202414). The first instance court rendered a judgment dismissing the lawsuit, but the appellate court (this Court 2012Na15892) rendered a judgment that partly accepted the Defendant’s claim on January 9, 2013 (hereinafter “instant first judgment”), and the said judgment was dismissed and final and conclusive by the Supreme Court on May 29, 2014.
The plaintiff in the disposition of the court of first instance
4. The Defendant:
(j) The amount calculated by Plaintiff B at the rate of KRW 113,810 per month from November 1, 2010 to the completion date of delivery of the instant land;
(u) The Plaintiff A pays each amount of money calculated at the rate of KRW 165,226 per month from November 1, 2010 to the completion date of delivery of the instant land.
The contents of each order to pay A and B shall be as follows:
2) In addition, the defendant filed a lawsuit against the plaintiff C, etc. with the same content as the above judgment of the court of first instance (this court 2013Gahap62792), and this court rendered a judgment accepting part of the defendant's claim on September 25, 2014 (hereinafter "the second judgment of this case"), and the above judgment became final and conclusive around that time.2. On January 1, 2014, the plaintiff C pays to the defendant money calculated at the rate of KRW 3,213,912 and KRW 74,379 per month from January 1, 2014 to the completion date of delivery of the land of this case. The part ordering the plaintiff C to pay money is as follows.