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(영문) 제주지방법원 2020.05.11 2019가단65728
제3자이의
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 5, 2019, the Defendant filed a lawsuit against B, Jeju District Court 2018Kadan62654, and the said court rendered a judgment against B on the ground that “B is the Defendant’s ownership, and it does not inform the Defendant of the password of B’s entrance and exit, and thus the Defendant does not have access to the instant building.” (hereinafter “instant judgment”).

B. B is dissatisfied with this, the Jeju District Court 2019Na14288, an appellate court, is proceeding.

C. The defendant tried to proceed with the provisional execution of India by the judgment of this case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 4, 5, 6, and 7, and the purport of the whole pleadings

2. The plaintiffs asserted that they are collectively owned with respect to the building of this case as the believers A, and thus have the right to possess the building of this case.

The plaintiffs' right of possession is infringed if the defendant executes compulsory execution to receive possession of the building of this case by the judgment of this case against B.

Compulsory execution by the judgment of this case rendered by the defendant shall not be permitted.

3. According to the facts found in the above facts, when the defendant received a provisional execution by the judgment of this case, the defendant can enter the building of this case and use and benefit from the building of this case, and as a result, the defendant's believers can use and benefit from the building of this case.

If the plaintiffs are the new intentions of the defendant, they enjoy the effect of using the building of this case together due to the above compulsory execution, and if the plaintiffs are not the defendant's new intentions, they have no right to own and possess the building of this case.

Therefore, the Plaintiffs cannot be viewed as a third party who owns and occupies the instant building, separate from the Defendant, as the relationship between the Defendant and the Defendant.

Therefore, the plaintiffs' claims are without merit.

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