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(영문) 서울고등법원 2017.12.20 2017나2016370

토지인도등

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning of this part of the court’s reasoning is as follows, and the part pertaining to the reasoning of the judgment of the court of the first instance is identical to that of the judgment of the court of the first instance, except where the part pertaining to the reasoning of the judgment of the court of the first instance is written as follows. The part which was written by the court is cited

A. The first instance court's first instance court's 6th 3 and 4th 1st 3 and 4 parts of "in Q block" are included in Ghana M and Q block.

B. Section 1 of the first instance judgment is added to the following.

(j) The instant association prepared a land substitution plan and completed the first public perusal of the land substitution plan from September 19, 2016 to October 7, 2016, and completed the second public perusal of the land substitution plan from December 19, 2016 to January 5, 2017. According to the aforementioned land substitution plan protocol, according to the part of the land substitution plan, Y, ZOT belongs to the Defendant International Asset Trust, and Y, ZOT is planned to belong to the Defendant International Asset Trust, and the Plaintiffs are planned to receive the land substitution in the AALOT, and the part of the instant land possessed by the Defendants (hereinafter “the part occupied by the Defendants”).

(k) The instant association, on August 29, 2017, authorized and publicly announced the instant land substitution plan on August 11, 2017, and designated and publicly announced the land substitution plan as of September 15, 2017, by making the effective date of the designation of land substitution for replotting as of September 15, 2017. On September 7, 2017, the instant association again announced the designation of land substitution for replotting as of September 22, 2017 by making the effective date of the designation of land substitution for replotting as of September 22, 2017 (hereinafter “instant land substitution”).

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C. The phrase “(s) No. 41” is added to the part “(s)” from No. 9 to No. 6(s) of the first instance judgment.

2. Determination

A. As seen earlier, the instant land is owned by the Plaintiffs, and the Defendants occupy the said land while carrying out the instant construction work on the said land, barring any special circumstance.