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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is the owner of Jongno-gu Seoul Metropolitan Government 210.3 square meters (hereinafter “Defendant’s land”).
B. On July 9, 2002, the Plaintiff was the owner of Jongno-gu Seoul Metropolitan Government D large 162 square meters adjacent to the Defendant’s land (hereinafter “Plaintiff’s land”) and the housing on its ground. On July 9, 2002, the Plaintiff was a studio building by enlarging and rebuilding a house on its ground (hereinafter “Plaintiff’s building”), and among which 103 units were leased to E, and 104 units were leased to E respectively.
C. On June 19, 2008, the Defendant conducted a survey on the Defendant’s land, and confirmed that part of the Plaintiff’s building was affected by the boundary of the Defendant’s land and expanded or reconstructed.
The Seoul Central District Court 2012Kadan38616 (E and F) shall hold possession of real estate (103 4.95 m2 and 104 m2, 4.955 m2, 104 m2, and 1055 m2 of the Plaintiff’s building) as indicated in the attached list of the debtors of the case (E and F) where the transfer of real estate is prohibited and deliver
Enforcement officers shall permit the use to the debtor on the condition that they do not change the current state.
The debtors shall not transfer their possession to another person or change their titles of possession.
An execution officer shall publicly notify the above purport in an adequate manner.
1) The Defendant filed an application against E and F for provisional disposition against the Seoul Central District Court Decision 2012Kadan38616, and the said court received deposit guaranty insurance policy from the Plaintiff as collateral and received a provisional disposition on July 18, 2012 (hereinafter “provisional disposition”).
(2) On August 13, 2012, the enforcement officer belonging to the Seoul Central District Court attached the following notice to the Plaintiff’s building 103 as the execution of the instant provisional disposition order.
The execution title of the instant case 2012Ga1551 is the Defendant E-debtor: the Seoul Central District Court 2012Kadan38616, 2012Kadan4716, and the real estate indicated with the original order upon delegation by the creditor based on the enforcement title.