(영문) 춘천지방법원 2016.11.16 2016가단3181

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(영문) 춘천지방법원 2016.11.16 2016가단3181

청구이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 9, 2012, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from B, and completed the registration of ownership transfer for the instant real estate on the 10th of the same month.

B. The Plaintiff occupied the instant building of 337.13 square meters and 288.53 square meters among the instant real property (hereinafter “instant building”). The Defendant, on April 9, 2013, filed a lawsuit against the Plaintiff (at the time, representative director C was changed to D, which was changed to the current representative director D, September 26, 2014), claiming the withdrawal of the instant building against the Chuncheon District Court 2013Kadan4176, and on July 17, 2013, the said judgment became final and conclusive (hereinafter “instant judgment”).

C. On June 8, 2016, the Defendant commenced the enforcement of the expulsion of a building based on the executory exemplification of the instant judgment, and the enforcement officer of the said court terminated the enforcement of the expulsion by releasing the possession of the debtor (the plaintiff and its representative D) of the instant building among the instant real estate from among the instant real estate based on the original copy of the instant judgment and delivering it to the creditor (the defendant).

However, the representative D of the plaintiff is above D.

After the completion of the execution as prescribed in paragraph (1), the instant real estate enters the instant building and occupies and uses it.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1, 2, Eul evidence 1, 12, and 13, the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The Plaintiff’s assertion 1) The Plaintiff acquired the claim for the construction cost of the instant real estate from D and occupies the instant building as the lien holder. The Defendant is no owner of the instant real estate any longer after selling the instant real estate to a third party. Therefore, compulsory execution based on the original copy of the instant judgment shall be dismissed. 2) The Defendant’s compulsory execution based on the original copy of the instant judgment shall be all conducted.

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