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(영문) 서울중앙지방법원 2016.05.03 2015가단35537
집행문부여에 대한 이의
Text

1. The plaintiff's claim is dismissed.

2. The Seoul Central District Court shall apply for the suspension of compulsory execution.

Reasons

1. Basic facts

A. (1) The Defendants, as the members of the Plaintiff, applied for a provisional disposition against the Plaintiff, seeking to peruse and copy documents related to the Plaintiff’s church construction work as Seoul Central District Court 2014Kahap612.

On August 8, 2014, the Seoul Central District Court accepted the above provisional disposition application partially, and rendered a provisional disposition decision to the effect that "the debtor shall allow the creditors or their agents to peruse and copy (including photographs and duplication thereof into computer diskettes) the books and documents in the attached Table 1 from the church located in Seocho-gu Seoul, to 09:0 to 18:00 for 15 days except Saturdays and holidays from the date on which he/she received the decision of this case."

Therefore, although the Plaintiff filed an objection against provisional disposition under the above court 2014Kahap1211, the above court approved the provisional disposition order of this case on October 20, 2014.

(2) On May 15, 2015, the Seoul High Court, which was the appellate court of the instant provisional disposition, rendered a partial decision to revise the first instance court’s decision to authorize the instant provisional disposition as to the books and documents in the separate sheet No. 2 corresponding to the remainder except for the parts already provided to the Defendants among the books and documents listed in the separate sheet No. 1 in the separate sheet No. 2014Ra122, which was the appellate court of the said provisional disposition, and the final appeal was dismissed.

B. The Plaintiff provided some of the documents listed in the separate sheet No. 1 to the Defendants. Furthermore, the Plaintiff intended to provide the specifications to the Defendants.

However, the Defendants rejected the receipt of specifications on the ground that the “rescue statement” attached to the contract was not provided.

C. (1) The Defendants filed an application for indirect compulsory enforcement with the Seoul Central District Court B based on the instant provisional disposition order, and the said court on January 2014.

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