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(영문) 서울남부지방법원 2020.12.18 2020가단7211
청구이의
Text

All of the plaintiff's lawsuits against the defendants are dismissed.

Litigation costs shall be borne by the representative D of the plaintiff.

Reasons

1. Facts of recognition;

A. On August 29, 2007, the Plaintiff acquired the ownership of the Yangcheon-gu Seoul Metropolitan Government G Building H (hereinafter “instant building”).

B. On September 27, 2016, G Residents’ Representative Council (representative Defendant B) filed a lawsuit against the Plaintiff seeking the payment of management expenses and late payment charges therefor, and the Seoul Southern District Court rendered a judgment ordering the payment of KRW 3,634,167 and the delayed payment damages therefor.

Accordingly, the part of the judgment of the court of first instance (the unpaid management expenses from February 2013 to July 2016) and the part in excess of damages for delay was revoked, which became final and conclusive on July 31, 2017, by the Plaintiff’s appeal and the District Court Decision 2016Na6397 decided May 12, 2017.

C. On January 4, 2017, upon the application of the G occupant representative meeting, the procedure for compulsory auction by official auction was initiated as Seoul Southern District Court I, and on February 28, 2019, the instant building was sold to Defendant C.

Defendant C applied for an order to deliver real estate against the Plaintiff and received the acceptance decision from the Southern District Court E on March 6, 2019, and around that time, the instant building was handed over.

[Ground of recognition] without any dispute, Gap's 1, 7 evidence, Eul's 1, Eul's 2 evidence, Eul's 1, Eul's 2, a significant fact in this court, and the purport of the whole pleadings

2. Even upon closely examining the records of the determination on the grounds of the claim, the purport of the claim against the Defendant B cannot be specified.

The method of appeal against the order to deliver real estate is an immediate appeal (see Article 136(5) of the Civil Execution Act), and it is not a civil case.

In addition, since the building of this case is considered to have been delivered to Defendant C on the basis of the order of delivery of real estate, the appeal against the order of delivery of real estate has no interest in lawsuit.

3. It is so decided as per Disposition by the assent of all participating Justices, since the plaintiff's lawsuit against the defendants is unlawful.

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