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(영문) 대법원 2018.08.30 2018다225845

집행문부여

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, the lower court determined that the Defendant violated paragraph (3) of the order of the instant provisional disposition by installing fences on the road as indicated in its reasoning.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the rules of evidence or failing to exhaust all necessary deliberations

2. As to the ground of appeal No. 2, the lower court determined that a Junior Administrative Officer should grant an execution clause to the Plaintiff for compulsory execution of KRW 412,00,000 against the Defendant regarding the order of provisional disposition No. 4 of this case.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the right to passage over surrounding land, abuse

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.