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(영문) 부산고등법원(창원) 2015.11.19 2013나21164

공사금지 등

Text

1. The first instance court, including the selective claims of the plaintiffs added in the trial and the claims of the plaintiff AF's successor intervenor BM.

Reasons

1. The reasoning of the court's explanation concerning this part of the basic facts is with merit of the judgment of the first instance court.

1. D.

In addition to the modification as follows, the reasoning of the judgment of the court of first instance is the same as the entry of basic facts in Article 420 of the Civil Procedure Act.

D. The Plaintiffs and the Intervenor’s Intervenor’s Intervenor 1) owned the Dong Young-si BP (hereinafter “BP”) BP (hereinafter “BP”) located within 40 meters from the outer line of 89 parcels of land (hereinafter “instant land”) in order for Defendant A to implement a large number of restoration works, and the Plaintiff C completed the registration of ownership transfer on July 14, 2015 with respect to the said building on the ground of sale on June 29, 2015, after the first instance judgment.

2. The remaining plaintiffs and the succeeding intervenors except the plaintiff C are residing or not owned by them while possessing or owning real estate within 300 meters from the outer line of the land of this case. Specific ownership or possession relationship and separation distance are as follows.

Real estate located in a real estate owned or residing in the name refers to the degree of the real estate located outside of the land of this case.

Whether Plaintiff BS ground building was located within 100 meters from Plaintiff V ground building 200 meters from Plaintiff V ground building, and located within 200 meters from Plaintiff BV ground building 100 meters from Plaintiff CBV ground building, Plaintiff XX ground building 200 meters or less from Plaintiff BN network E was the owner of the BY ground building located within 100 meters from the outer line of the instant land, and Plaintiff BNN, the wife of Plaintiff BN, was the owner of the instant building within 100 meters from the outer line of the instant land. < Amended by Presidential Decree No. 25789, Oct. 14, 2014; Presidential Decree No. 25787, Oct. 14, 2014; Presidential Decree No. 25799, Feb. 20, Plaintiff BN, the wife of

BY Ground buildings within 100 meters, BO, the litigation taking over of the Plaintiff’s networks E, located within the scope of 100 meters, are children of the deceased, and BY ground buildings.