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(영문) 서울고등법원 2018.12.11 2018나2039370

통행방해금지청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, some of them shall be used or added as follows:

[Supplementary part] On the 3rd side of the judgment of the court of first instance, the "sken" of 5 to 4 shall be added to "sken".

Following the three pages of the first instance judgment, the phrase “at present pending trial is in progress (No. 2018 Goju branch court 2018 Godan336)” was pronounced a guilty judgment (No. 2018 Gowon branch court 2018Kadan336), and an appeal against the above judgment (No. 2018No5188) was dismissed, and is currently pending in the final appeal (Supreme Court 2018Do18626).”

The evidence Nos. 1, 4, 22, 23, 34, and 40 of the first instance judgment shall be added to "Evidence Nos. 1, 4, 22, 23, 34, 40, and 81 of the first instance judgment."

The judgment of the court of first instance shall be executed by cutting 8 wife "Ma" below 4 and then cutting 8 wife "Ma."

[Supplementary Provisions] The following shall be added to the 4th below the 6th judgment of the first instance.

“C. Accordingly, the Plaintiff’s claim of this case, such as the exclusion of traffic interference or the prohibition of traffic interference, and the claim of indirect compulsory performance, against the Defendants under the different premise, is without merit.”

2. The decision of the court of first instance is justifiable.

The plaintiff's appeal is dismissed.