Bangkok Legal Service

Order 8 stipulates that the District Court ruled that Mr. Krung, the defendant, must demolish the concrete fence from the land of Mr. Mueang, the plaintiff. Mr. Krung, the defendant, complied with the court’s order by demolishing the concrete, however, it appeared that Mr. Krung constructed shelving made of material along the entire length of the concrete fence and refused to remove the shelving. Furthermore, if it is determined that Mr. Krung subsequently transferred the building and land to Mr. Nak, he remained the manager to oversee the occupation of the building in place of Mr. Nak, as follows: in each case, Mr. Krung and Mr. Nak, the recipient of the building and land, must comply with the court’s order to remove and relocate the constructed shelving encroaching upon Mr. Mueang’s land, or to cease such actions. In the event that Mr. Krung constructed new shelving made of steel along the entire length of the concrete fence and refused to remove the shelving, the order issued pursuant to the judgment to demolish the concrete fence is to demolish structures that existed at the time of the filing of the lawsuit, as well as those that may arise in the future during the operation of the defendant or the defendant consents to the action being carried out, pursuant to the Civil Procedure Code. The construction of the shelving by Mr. Krung after the concrete fence was demolished is considered incomplete compliance with the order, pursuant to Section 275. (5 points) In the case where Mr. Krung transferred the building and land to Mr. Nak, while Mr. Krung remained the manager overseeing the occupation of the building, it is not held that the circumstances of the enforcement of the order do not provide a channel for Mr. Krung, the debtor, pursuant to Section 276 of the Civil Procedure Code, final paragraph. According to the judgment: to relocate the constructed shelving encroaching into the plaintiff’s land as well. The initial plaintiff issued a new order (5 points).