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(영문) 의정부지방법원 2014.09.26 2014나50006

건물명도

Text

1. From February 14, 2014, among the judgment of the court of first instance, the defendant Ssong City Construction Co., Ltd. and C have the plaintiff A spread to the plaintiff.

Reasons

1. The reasons for the judgment of this court are as follows: "A company, C, the above (o), (xv), and (xv) cannot be deemed as owned by the plaintiff. However, for the fact-finding of a civil trial, even if it is not bound by the facts recognized in the judgment of other civil cases, etc., it cannot be rejected without any reasonable reasons. In particular, even if two previous and subsequent civil litigations are identical to the parties and form the basis for the dispute, it is more possible to make a new claim as a result of the conflict with res judicata (see, e.g., Supreme Court Decision 2008Da92312, 92329, Sept. 24, 2009; 201Da31415, Sept. 24, 2009; 201Da315, Nov. 15, 200, and the purport of the whole arguments and arguments in this court, it is more reasonable to acknowledge that the plaintiff is the owner of the above part of the defendant's judgment.

Attached Form

The total area of 1,12.8 square meters in total (hereinafter referred to as “the instant dispute”) of each of the parts on board (i) and (ii) (k), (k), (k), (i) (m), (m), (n), (n), (n), (ii), (q), (q), (q), (xv), (xv), and (xv) connected each point in sequence of 13, 12, 11, 10, 9, 8, 23, 24, 25, 29, 46, 36, 21, 44, 14, 13, 13, 12, 12.8 square meters in total (hereinafter referred to as “the instant dispute”), from February 23, 2002, and from February 23, 2005, the Defendant C has occupied each part prior to the date of 2005, 2012Da156183, 156183.