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(영문) 부산고등법원 2017.05.24 2017나94

건물등철거

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.

2. The part concerning the principal lawsuit among the costs of appeal.

Reasons

The reasoning of this court’s reasoning is that K died on February 27, 2017, and Defendant AH, his father’s father, inherited the deceased’s claim and debt and succeeded to the instant lawsuit from the Deceased on April 5, 2017. Moreover, as necessary, it is identical to the corresponding part of the judgment of the first instance (including the attached Form), except where “Defendant K” is deemed “Defendant AH” as “Defendant H,” and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is legitimate, and all appeals by the defendants are dismissed, and the part of the judgment of the court of first instance as to the deceased K in accordance with the above litigation acceptance in the court of first instance is modified as prescribed in Paragraph (3) of this Article.