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(영문) 광주지방법원 2020.08.13 2019가단527536
집행문부여에 대한 이의의 소
Text

Gwangju District Court 2016 money51210 (2015 Gohap59780) against the plaintiff in the protocol for the conciliation of the case of demolition of buildings, etc.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a building on the ground of 1,287 square meters in Gwangju-dong, Dong-gu, Gwangju (hereinafter “instant building”) with respect to the establishment of adjustment and the grant of execution clause to the mediation protocol

2) In constructing a new building, D-road 126 square meters owned by the Defendant in front of the instant building (hereinafter “instant land”).

2) Part of the dispute of this case (hereinafter “the dispute of this case”)

(3) The title of the agency (in fact, e.g., e., g., g., e., g., e., g., e., d.

hereinafter the same shall apply.

c) the package construction (hereinafter referred to as “the construction of this case”)

(2) The Plaintiff filed a lawsuit against the Plaintiff for the purchase of the instant land when the instant dispute was restored to its original state (including removal) or is not restored to its original state (including removal) under the jurisdiction of Gwangju District Court 2015Gahap59780, the height of the instant dispute was equal to the floor of the instant building, and was used as a passage moving from neighboring India to the entrance of the instant building. (2) The Defendant filed a lawsuit against the Plaintiff for the claim against the Plaintiff to restore the said dispute to its original state before the instant construction. The instant case was referred to the conciliation, and “the Plaintiff removed the substitute stone installed in part of the instant land owned by the Defendant by May 15, 2016.” If so, the adjustment was established to the effect that the damages amounting to KRW 100,000 per day shall be paid as damages for delay (hereinafter “instant adjustment”).

3) On July 31, 2019, the Defendant filed an application for granting execution clause under the instant protocol, and the senior court clerk of this court did not remove and restore the substitute seats installed by the Plaintiff on part of the instant land to its original state on July 31, 2019, deeming that the damages amounting to KRW 115,80,000 per day from May 16, 2016 to July 17, 2019 (1158 days) have occurred, and thus, the execution clause under the instant protocol (hereinafter “instant execution clause”).

granted a license.

(b) related cases;

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