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(영문) 의정부지방법원고양지원 2012.12.06 2012가단8973
강제집행취소 및 정지결정청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff on the claim against the Plaintiff, citing that the Plaintiff installed two boxes of container size 15 square meters on the ground of (B) part of the attached Form No. 1, 2, 3, 4, and 1 among the above land (hereinafter “instant land”). On November 29, 2007, the Defendant filed a lawsuit against the Plaintiff on the Plaintiff, claiming that the Plaintiff occupied the part of (a) and (b) above, 15 square meters of container size on the ground of the attached Form No. 5, 6, 7, 8, and 5 of the attached Form No. 1, 2359 square meters of land (hereinafter “the instant land”). The court rendered a judgment on November 29, 2007, on the Plaintiff (the Plaintiff of this case) with the entire part of the attached Form No. 1, 350 square meters of land connected to the Plaintiff (the Plaintiff of this case) and the entire part of the attached Form No. 1, 2351, 451, m251, m257.

(hereinafter “instant judgment”). Although the Plaintiff appealed against the said judgment, the appellate court dismissed the Plaintiff’s appeal on October 24, 2008, and the Plaintiff appealed on the same date, but the appeal was also dismissed on March 26, 2009. The instant judgment became final and conclusive around that time.

B. According to the judgment of this case, the Defendant may remove (a) the part (b) attached Form No. 1, 2, 3, 4, and 1, which connects each point of (a) part of the above ground container No. 5, 6, 7, 8, and 5 square meters to the enforcement officer affiliated with the court of this case (the Defendant in this case) under the control of the obligor (the Plaintiff in this case) at the expense of the obligor (the Plaintiff in this case) and the execution officer affiliated with the enforcement officer affiliated with the court of this court who is delegated by him, in sequence, to remove (a) the above part (b) which connects each point of 1, 2, 3, 4, and 5 square meters of the above ground container No. 15 square meters of the above ground container No. 2359 square meters in order.

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