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(영문) 춘천지방법원 2020.09.02 2019가합51577
건물명도(인도)
Text

The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

The costs of lawsuit shall be borne by the Defendants.

Reasons

1. Determination as to the claim against Defendant C and H Co., Ltd.

A. Since Defendant C and H occupy each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”), Defendant C and H are obligated to deliver each of the instant real estate to the Plaintiff.

B. Article 208(3)2 and Article 150(3) of the Civil Procedure Act, which is the basis of recognition (a judgment deemed as a confession)

2. Determination as to the claims against Defendant B, D, E, F, and G

A. As seen below, I et al. applied for an order of real estate delivery against the Defendants, as seen in the judgment as to the defenses before the merits of Defendant B, E, F, and G, the said Defendants asserted that the instant lawsuit constitutes an unlawful lawsuit because it constitutes a case identical to the above order of delivery, and thus constitutes a duplicate lawsuit.

On the other hand, the case of applying for the order to deliver real estate is not a judgment procedure, but the case of applying for the order to deliver real estate in this case and the case of applying for the order to deliver real estate in this case is not the same as the parties, as well as the case of applying for the above order to deliver real estate has already become final and conclusive and the case has

Therefore, the defendants' arguments are not accepted.

B. In full view of the following circumstances, the Defendants may be deemed to possess each of the instant real estate owned by the Plaintiff, taking into account that there is no dispute between the parties, or that there is a voluntary auction procedure (hereinafter “instant auction procedure”) with the Chuncheon District Court Jincheon District Court as to each of the instant real estate owned by Defendant D (hereinafter “instant auction procedure”).

I, K, L, M, and N (hereinafter referred to as “I, etc.”) were in progress and in the proceeding.

On January 21, 2019, Korea received a decision of permission for sale and paid in full the sale price on March 6, 2019.

(2) I, etc. shall be made March 2019.

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