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(영문) 부산지방법원동부지원 2017.06.13 2017가단200308
청구이의
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants filed a lawsuit against the Plaintiff et al. against the Plaintiff et al. on January 22, 2016, stating that “the Plaintiff shall deliver to the Defendants the land of this case 28 square meters in the attached Form 1, b, c, d, and e (hereinafter “the Plaintiff”) among the land of Busan Shipping Daegu, Busan, and shall pay money calculated at the rate of KRW 10,130,40 and KRW 226,800 per month from August 1, 2015 to the completion date of delivery of the land of this case” (Article 2(e); hereinafter “the instant order”).

B. On May 23, 2016, the Defendants filed an application for an auction of the purchase of real estate as indicated in attached Table 1 with the claim claim amounting to KRW 12,398,400 (= KRW 2,268,00,00, calculated at the rate of KRW 226,80 per month from August 1, 2015 to May 31, 2016) in accordance with the instant judgment order, with the Busan District Court’s Dong Branch Branch E, Busan District Court’s branch branch branch E, and the court rendered a decision to commence the auction on May 31, 2016.

(hereinafter “instant compulsory execution”). C.

In Busan District Court Decision 2014Kadan16861, Busan District Court Decision 2016Na2984, the appellate court of Busan District Court Decision 2016Na2984, October 28, 2016, the court rendered a decision that "the plaintiff delivers the land of this case to the defendants, and the amount calculated by the rate of KRW 226,80 per month from July 1, 2016 to the date the delivery of the land of this case is completed," and this decision was finalized on November 19, 2016.

The Defendants withdrawn the instant application for compulsory execution on April 10, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. One of the four columns of the main 4 columns of the building indicated in Annex 1 List 2 owned by the Plaintiff, which is owned by the Plaintiff, and the outer wall is located on the ground of the instant land, and multiple lessees are the said building.

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