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(영문) 창원지방법원마산지원 2019.02.14 2018가단104347
청구이의
Text

1. The lower court’s judgment as of January 25, 2018 and this court’s ruling as to the Defendant’s Plaintiff on this case’s removal of buildings, etc.

Reasons

1. Basic facts

A. On January 25, 2018, the Defendant received from the Plaintiff the following judgment (the judgment indicated in paragraph (1) and hereinafter “the instant judgment”) from the court, and the judgment became final and conclusive on February 14, 2018.

1. On the part of the plaintiff (the defendant in this case);

A. The Defendant (the Plaintiff in this case) removed each of the fences installed on the line that connects each point of 2,11’s attached reference in sequence among the 19m2 in Changwon-si, Changwon-si, Muwon-si, and the fence installed on the line that connects each point of 8, 7, 6, and 5’s reference, and the fence installed on the line that connects each point of 12, 13, 14, 15, and 12’s reference, in sequence, and removes the 19m2 in the ship that connects each point of 12, 13, 15, and 12’s reference;

B. From March 27, 2017, the above A

The amount of money calculated by the rate of 15,960 won per month shall be paid by the date of delivery of the land stated in the paragraph.

2. The costs of the lawsuit are assessed against the defendant (the plaintiff in this case).

3. Paragraph 1 can be provisionally executed.

B. After that, on March 26, 2018, the Defendant received a final decision on the amount of litigation costs (hereinafter referred to as “decision on the subject matter of this case”) from the Plaintiff, stating that “The amount of litigation costs that the respondent (the Plaintiff in this case) is obligated to repay to the applicant (the Defendant in this case) according to the instant judgment, shall be KRW 1,714,60, and the decision was finalized on May 1, 2018.

C. On May 14, 2018, the Defendant received a decision to commence compulsory auction on the Plaintiff’s real estate by designating the instant judgment and the subject decision as the enforcement title.

Accordingly, in order to perform the obligation to remove the fence and gate, and to transfer land (the order No. 1-A.) ordered by the instant judgment, the Plaintiff removed the fence and gate of the Plaintiff’s housing, and to perform the obligation to pay the money (the order No. 1-b.) and the obligation to pay the money determined by the instant decision, the land usage fee for 16 months from March 27, 2017 to July 27, 2018.

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