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(영문) 춘천지방법원강릉지원 2016.02.02 2015나5733

건물철거 등

Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the main claim shall be revoked, and that part shall be revoked.

Reasons

1. The reasoning for this Court’s explanation concerning this part of the basic facts is as stated in the corresponding part of the judgment of the court of first instance, except for the following reasons. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the

【Written Evidence Nos. 1, 2, and 1 and 2 (including paper numbers; hereinafter the same shall apply) of the first instance court’s judgment No. 3, 5 of the first instance court’s judgment, “A” is considered as “each description of evidence Nos. 1, 2, 3, 7, Eul evidence Nos. 1, 2, and 5 (including paper numbers; hereinafter the same shall apply), part of witness G of the trial court’s judgment.”

Part 5 of the judgment of the first instance court stated "," and the defendant stated that "the plaintiff and the designated parties have prepared and delivered a letter of commitment implementation (hereinafter referred to as "each letter of this case") as follows:

On the 5th judgment of the first instance court, the following shall be added to the following:

-The letter of undertaking - The defendant shall make the following commitments to the plaintiff, the owner of the land (the land in this case) in Seocho-si of Gangwon-do, and to the designated parties:

1. It is known that sewage pipes, septic tanks, water supply pipes, sewage manle, etc. of the Defendant-owned building located in Gangwon-do Seocho-si (the instant building) are installed in possession of the land of the Plaintiff and the designated person.

2. I will promptly implement and complete the repair works of the underground utilities installed on the land of the plaintiff and the selector.

3. After completion of repair works, I will not perform any further additional repair works even if the underground utilities are destroyed and lose their functions.

4. After completion of repair works, we will not exercise active property rights on the buried underground, and will not raise any objection against the use of the land by the plaintiff and the selected person.

5. As to the damages incurred to the Plaintiff and the designated parties due to the failure to implement the above commitments, two times the amount of the damages shall be written respectively with the Defendant.