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(영문) 창원지방법원 2017.07.28 2016가단2096
청구이의
Text

1. Of the principal lawsuit of this case, the instant court rejected compulsory execution based on the decision of advance payment of the cost of alternative execution C on January 13, 2014.

Reasons

1. Facts of recognition;

A. On May 21, 2003, the Defendant completed the registration of ownership transfer with respect to the land of 314 square meters (hereinafter “Defendant’s land”) prior to Kim Young-si, the Plaintiff’s mother was owned by E.

B. On September 17, 1996, E completed the registration of ownership transfer with respect to 306/30 of 3074 shares of F forest land 246m2 (hereinafter “Plaintiff’s land”). On December 27, 2006, E completed the registration of ownership transfer with respect to all Plaintiff’s land.

C. On January 15, 2007, the Defendant filed a lawsuit against E, including removal of a building, as Busan District Court Decision 2006Da35724, and was sentenced to the following judgment (hereinafter “instant judgment”).

E appealed by Busan District Court Decision 2007Na1866, but was sentenced to the dismissal of appeal on August 23, 2007, and on September 14, 2007, the above decision became final and conclusive.

[Disposition] E shall be removed from the Defendant’s land: (i) the 15, 3, 17, 18, 19, 11, 12, 13, and 15 of the attached drawing of the Defendant’s land; (ii) the 2nd floor of the brick structure on the ground of 87 square meters connected to each of the above points; (iii) the 2nd floor of the pipe installed on the ground; (iv) the 2nd floor connected to the above 1,2, 14, and 100 square meters; and (iv) the 2nd floor of the pipe installed on the ground of the Defendant’s land; (iv) the 2nd floor of the pipe installed on the ground of 10 square meters; and (v) the 2nd floor of the pipe installed on the 2nd floor of the above 4th floor; and (v) the 2nd floor of the pipe installed on the ground; and (v) the 3th floor of the 2nd floor of the 2nd floor; and (iv) the 2nd of the 3rd.

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