(영문) 청주지방법원 2020.01.10 2018가단6112

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2020.01.10 2018가단6112

건물등철거

Text

1. The defendant points out of the land listed in the attached list of real estate in the attached list, and the attached appraisal marks 2, 3, 6, 7, and 2.

Reasons

1. Indication of claim;

A. On April 29, 2016, the Plaintiff filed a lawsuit against the Defendant, co-defendant C, and D seeking removal of the building, etc., by asserting that he/she is as follows: (a) Defendant 1, Co-Defendant C, and Defendant 3 constitute co-defendant D; (b) “Defendant 2” referred to in paragraph (3) is a clerical error in the name of “Defendant 3; and (c) Defendant 1 is a clerical error in the name of “Defendant 2”; and (c) Defendant, Co-Defendant C, and D filed a lawsuit against the Defendant, Co-Defendant C, and D, claiming removal of the building, etc.; and (d) the judgment became final and conclusive on April 29, 2016, “The results of the survey on the actual status of the land listed in the attached list of real estate attached to the Plaintiff, indicated in attached Form 1,2,3,4,5, and 1 as the result of the survey on the actual status of land attached to the Plaintiff.”

B. The Plaintiff, based on the foregoing final judgment, delegated enforcement officers of Cheongju District Court E with the compulsory execution of the removal of a building “A” part of the said final judgment, but on June 7, 2018, the structure, etc. of the building “A” part of the said final judgment became impossible to be executed due to the difference between the present state

C. Accordingly, the Plaintiff filed the instant lawsuit against the Defendant, Co-Defendant C, and D in order to specify the structure, etc. of the building to be removed through a new survey and appraisal. As a result of the survey and appraisal, the part of the “1” building in the said final judgment, as shown in the attached Form, was identified as the “1m3m2 of the cement brick structure building” and the “3m2 of the cement brick structure structure building” in the instant final judgment, as in the attached Form.

Therefore, the defendant has the duty to remove the above Sub-Section (B) among the land listed in the attached Table list of real estate, and remove the ground buildings caused by the occurrence thereof, and deliver each part of the land.

2. Applicable legal provisions of Articles 150(1) and (3), and 208(3)2 of the Civil Procedure Act (Judgment on deemed as Confession)

참조조문

-민사소송법 제150조 제1항

-민사소송법 제208조 제3항 제2호

유사 판례

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