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(영문) 대구고등법원 2021.03.26 2020나25155

유치권존재확인및부동산인도

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance different from the evidence submitted in the court of first instance submitted in this court, it is acknowledged that the facts of first instance and the judgment are legitimate even if the plaintiff submitted additional evidence in the court of first instance and the testimony of the witness CS in the court of first instance.

Accordingly, the reasoning of the judgment of this court is the same as that of the judgment of the first instance, except for the cases of being used or added as the following “the part used or added by the second instance court.” As such, it is cited by the main text of Article 420 of the Civil Procedure Act as it is.

2. “BX heading,” is added to “K heading” in the last 3th sentence of the judgment of first instance, on the fourth 2nd sentence of the judgment of first instance, and “BX heading,” and “O heading, K heading, P heading, and P heading, and 10 of the 4th 11th sentence are deleted, respectively. “A evidence of Category 3, 5, 6, Eul evidence, 6, 9, 10, and 18” in the 11th sentence “A evidence of Category 3, 5, 6, 18, 1, 2, 3, 2, 3, 3, 6, 3, 6, 18, 3, 2, 3, 6, 9, 9, 10, 10, and 10.”

Part 6 of the first instance judgment No. 9 and 10 of the first instance judgment "No. 2, 10, 11, and 16 of Eul" was added to "No. 2, 3, 7, 10, 11, 14, and 16 of Eul," and "the evidence submitted by the plaintiff is alone, in light of the 11's 11's 11's 11's 1's 1' and under the 9's 11's 1.

shall not be determined.

“A lack to recognize that there exists”, and there is no other evidence to recognize it.

“ ..........”

At the bottom of the 7th judgment of the first instance, “from the end of December 2016, the Plaintiff himself has illegally occupied the apartment of this case without any authority” in front of the 10th judgment, adding “the fact that the Plaintiff submitted a notice of termination of delegation (No. 12 evidence) to the Plaintiff F as evidence,” and then using “this court” under the 7th sentence as “the first instance court,” and “the Plaintiff actually performed the 3th sentence” thereafter, “the apartment of this case.”