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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B, C, and D (hereinafter referred to as “Defendant execution officer”) are enforcement officers belonging to the Seoul Central District Court, and Defendant E-Housing Reconstruction and Improvement Project Association (hereinafter “Defendant E-Housing Association”) is a housing reconstruction and improvement project with a size of 33,593 square meters in Seoul Dongjak-gu Seoul Metropolitan Government as an improvement zone on August 12, 2010. Upon obtaining authorization from the head of the Seoul Dongjak-gu head of the Gu on August 13, 2010 and completing the registration of incorporation on August 13, 2010. The Plaintiff is the owner of the first multi-household 202 (hereinafter “instant housing”) on the land located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant housing”).
B. On May 30, 2014, the head of Dongjak-gu approved and publicly notified a management and disposal plan for the housing reconstruction project of the Defendant Union, and subsequently approved and publicly notified the amendment of the management and disposal plan on October 17, 2014 upon the application for the amendment of the management and disposal plan.
C. On December 30, 2014, the Defendant Union filed a lawsuit against H, the father of the Plaintiff, seeking the transfer of the instant house by Seoul Central District Court 2014Da535291, and the said court rendered a judgment on May 21, 2015 that a provisional execution may be effected upon accepting the claim of the Defendant Union in entirety.
H Objected to this and appealed by Seoul Central District Court 2015Na36876, but the above court rendered a judgment dismissing H’s appeal on October 15, 2015.
H Re-appealed Supreme Court Decision 2015Da244586 Decided December 30, 2015.
After the judgment of the court of first instance, the Defendant Union applied for the delivery execution of the instant housing to the Seoul Central District Court with its executive title as its executive title.
Accordingly, H applied for the suspension of compulsory execution by Seoul Central District Court 2015Kadan259, and the above court rendered a decision to suspend compulsory execution until the judgment of the appellate court is rendered.
E. The judgment of the appellate court was subsequently rendered.