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(영문) 창원지방법원 2017.05.18 2016나4321

수목굴취동의

Text

1. Of the judgment of the court of first instance, the part against the defendant B is revoked, and the plaintiff's claim corresponding to the revoked part is filed.

Reasons

1. Determination as to claims against Defendant D, E, F, and G

A. The reasoning for the court’s explanation on this part of the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, “the judgment on the claim against Defendant D, E, F, and G”, except for the Plaintiff’s addition of the following judgments as to the allegations added at the court of first instance. Therefore, this part is cited by the main text of Article 420 of the Civil Procedure Act.

B. As to the Plaintiff’s assertion on Defendant D’s assertion, the Plaintiff made a statement at an investigative agency to the effect that it would be possible for the Plaintiff to remove pine trees at any time, and the Plaintiff took a method of wearing a name tag to exercise its trust and ownership. Defendant D to reverse the previous statement and remove a name tag and refuse to remove pine trees, is an act contrary to the principle of trust and good faith. The principle of trust and good faith is abstract norm that the parties to the legal relationship should consider the other party’s interest and should not exercise rights or perform obligations in a way that is contrary to the principle of trust and good faith. In order to deny the exercise of rights on the ground that it violates the principle of trust and good faith, it should be given to the other party, or that the other party’s personal belief is objectively considered, and that the Plaintiff’s exercise of rights against the other party’s new testimony should not be permissible in light of the concept of justice (see, e.g., Supreme Court Decision 201Da33819, Feb. 19, 2011).