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(영문) 서울중앙지방법원 2017.05.16 2016가합551699
청구이의
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 19, 2002, the Defendant is the owner who purchased 313.4 square meters of land in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant land”) and completed the registration of ownership transfer on July 23, 2002.

Meanwhile, on November 19, 2007, D acquired ownership of a building listed in the attached list (hereinafter “instant building”) located on the ground of the instant land.

B. The Defendant’s lawsuit on the instant building and the final and conclusive judgment in favor of the Defendant rendered a favorable judgment on November 10, 2010 (Seoul High Court Decision 2009Na11458, 2009Na11465), and the said judgment became final and conclusive around that time (hereinafter “final and conclusive judgment”) by asserting that D owned the instant building and sought a return of unjust enrichment equivalent to D’s rent by asserting that D owned the instant land without permission.

(2) On April 14, 2011, the Defendant filed a lawsuit against D to seek removal of the instant building and delivery of the instant land (Seoul Central District Court Decision 2010Gahap86162), and the said judgment became final and conclusive around that time.

(3) On January 31, 2013, the Defendant rendered a provisional disposition against D to prohibit disposal of the instant building (hereinafter “final judgment on demolition of the instant building”) by filing a lawsuit against D against E, F, G, H, I, and J, which had occupied a specific part of the instant building in 2012 and 2013 and obtained a favorable judgment. The Defendant excluded the possession of the said occupant by using each of the above final judgment as an executive title.

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