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1. The plaintiff's claim is dismissed.
2. As to the case of application for the suspension of compulsory execution, this Court shall decide on August 2017, 2017.
Reasons
1. Basic facts
A. In the Daegu District Court 2015Gahap204094 Claim for the ownership transfer registration filed by the Defendant against C, the said court rendered July 21, 2016, “C removes the building indicated in attached Table 1 List 2 to the Defendant, and rendered a judgment on delivery of the instant building, and the said judgment became final and conclusive on August 9, 2016.
B. In order to execute the above judgment, the Plaintiff filed an application for replacement of the instant building with the Daegu District Court B, and the said court rendered a decision to substitute the instant building on August 18, 2017, but did not execute the said decision on September 21, 2017 on the ground that the possession relationship of the subject matter was different.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 2, 3, 4-1 and 4-2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that, on March 20, 2014, the Plaintiff entered into a lease agreement with C, the owner of the instant building, and that, on the other hand, the building connecting each point of the separate sheet No. 5, 6, 7, 8, and 5 (hereinafter “unregistered building”) indicated in the separate sheet No. 2, the Plaintiff subleted the building to Nonparty E to operate the Taekwondo Do and used the registration as the name “F” from July 20, 2017 and registered the business as the name “F.” Thus, the Defendant’s removal of the instant building would be subject to removal as well as the unregistered building that is attached to the said part, thereby infringing on the Plaintiff’s ownership due to the said alternative execution.
B. A lawsuit of demurrer against a third party is filed by a third party who has the right to prevent transfer or possession, such as ownership or possession right, of the subject matter of the execution and seeks the exclusion of the execution in question by asserting an objection against such compulsory execution. If such third party becomes the plaintiff and files a lawsuit of demurrer against a third party, the third party who becomes the plaintiff.