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(영문) 수원지방법원 2017.08.24 2017나54982

비닐하우스 철거 등 청구의 소

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following modification or addition of the defendant's assertion in this court, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. A corrected or added portion;

A. 1) A amended part of the judgment of the court of first instance added “No. 5” as the ground for recognition of “1. Basic Facts”. 2) A. 2 of the judgment of the court of first instance as “Evidence No. 23 of the judgment of the court of first instance”.

B. Although the Defendant asserts that the Plaintiff agreed to jointly own the 1/2 share out of the instant land within the internal context, the evidence submitted by the Defendant alone is difficult to accept, and there is no other evidence to acknowledge it.

Therefore, we cannot accept this part of the defendant's argument.

3. In conclusion, the plaintiff's claim on the merits of the lawsuit shall be accepted on the grounds of its reasoning, and the lawsuit on the conjunctive claim among the defendant's counterclaim shall be dismissed on the grounds of its illegality, and the main claim shall be dismissed as it

The judgment of the first instance is just in its conclusion, and each appeal against the Defendant’s principal lawsuit and counterclaim is dismissed.