(영문) 춘천지방법원강릉지원 2016.05.25 2015가단4715

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(영문) 춘천지방법원강릉지원 2016.05.25 2015가단4715

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff, such as a claim for removal of a building, and rendered a favorable judgment (hereinafter “instant judgment”) with the following contents as a result of filing a lawsuit against the Plaintiff, which became final and conclusive as it became final and conclusive.

The plaintiff (A) successively connected the defendant (B) with each point of 10, 4, 5, 14, 11, and 10 of the attached Form No. 10, 4, 5, 14, 11, and 10 of the attached Form No. 10, 28m2 to the defendant (B), the plaintiff (A) removed the part of the "circ" portion on the ship, which is 11, 12, 13, 14, and 11m2 of the same drawings, and the above land is delivered.

B. As the Plaintiff did not perform its duty under the above judgment, the Defendant filed an application against the Plaintiff for alternative execution and pre-payment of alternative execution expenses with the Chuncheon District Court Gangnam Branch C, and D, and rendered a decision as follows (hereinafter “instant decision”) on May 19, 201.

The Defendant may, at the Plaintiff’s expense, have an enforcement officer affiliated with this court delegated by this court remove the 13 square meters of land and multi-use rooms on the ship, which successively connects the points of 11, 12, 13, 14, 11, and 11 of the attached Form No. 10, 4, 5, 14, 10 of the attached Form No. 245 square meters of land in Gangseo-si E 245 square meters and connects each point of 28 square meters of “bbbb” portion of “b” in the ship’s straw-type housing and the same drawing No. 11, 12, 13, 14, and 11.

C. The Plaintiff from June 29, 2015 to the same year

7.1. During the period, some of the houses and warehouses subject to removal of the above judgment were voluntarily removed.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3 through 5, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that compulsory execution according to the instant decision should be denied, since the Plaintiff voluntarily performed the duty of removal and delivery of land according to the instant decision.

As to this, the defendant is voluntarily decided by the plaintiff.

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