1. The defendant's Seoul Northern District Court 2014Gadan12345 (Mains), 2015Gadan2802 (Involving the defendant's D's independent party).

1. Facts of premise;

A. The real estate marked as indicated in the annexed real estate (hereinafter “instant commercial building”) is originally composed of sectional ownership buildings, and around 195, independence in structural use was lost due to fire, and it was converted into co-ownership of sectional owners.

나. 피고는 2014. 1. 7. D에게 이 사건 상가 중 주문 기재 선내 ㈎ 부분 304.96㎡(이하 ‘이 사건 점포’라 한다)를 임대하였고, 한편 2층 소유자들은 비법인 사단인 원고를 구성하고 2014. 12. 26. 총회를 소집하였다.

C. At the above general meeting, the second floor owners decided to delegate the authority to conclude a lease contract for the said second floor shop with the consent of a majority of the co-ownership shares (hereinafter “instant resolution”). D.

The Defendant filed a lawsuit against D et al. against D et al. on the instant store, subject to the instant court 2015Kadan74, ordering D et al. to take a provisional measure for prohibiting the transfer of possession, and filed a lawsuit against D et al. seeking the above delivery of the store as the court 2014Kadan

E. On July 17, 2015, this Court rendered a favorable judgment against the Defendant on the ground that the lease contract was terminated due to nonperformance of obligation under D’s lease agreement upon the Defendant’s request, and the said judgment became final and conclusive as it is.

(F) On the other hand, around May 2, 2016, E leased the instant store from the Plaintiff and operated a restaurant at its place from May 13, 2016. Based on the said final judgment, the Defendant filed an application against E and F for granting the succeeding execution clause to E and F.

G. This Court held that E and F were the successors of D and gave the Defendant the succeeding execution clause, but the E and F were dissatisfied with the grant of execution clause under this Court 2018Kao222, and this Court revoked the succeeding execution clause on January 15, 2018.

[Ground of recognition] Facts without dispute, Gap 2, 3, 5-8 evidence, the purport of the whole pleadings

2. Determination

A. The subject matter of enforcement is the legal doctrine as to the interest of the third party’s lawsuit and the time of filing the lawsuit.