토지인도 및 건물철거
1. All appeals against the principal claim and counterclaim by the Defendant (Counterclaim Plaintiff) and selective counterclaim claims added by this court.
1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for modification or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. From 4th to 15th of the judgment of the court of first instance, the part which was written or added shall be as follows.
(2) Of the instant land, the Defendant does not have any of the following points in sequence 2, 3, 4, 5, 6, 7, 8, 28, and 2 on the ship (B), part (c), 16 square meters of the instant land, or (2) part (B) of the instant land, which connects 5, 6, 7, 8, 28, 29, and 5 points in sequence, 7 square meters of the attached Table 3; or (3) Of the instant land, part (B) of the instant land, which connects 1,2, 3, 32, 31, 30, 29, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 27, 281, 25, 27, 27, 27, 24, and 13 of the instant land.
1) The defendant asserts that the plaintiff's right to remove the building and deliver the land against the defendant is merely an exercise of the right to bullying and thus constitutes abuse of rights.
2. On the other hand, the Defendant’s assertion alone is readily concluded that the Plaintiff’s seeking removal of the building and delivery of the land against the Defendant was brought with the intent of causing pain and damage to the Defendant, even though there is no interest to the Plaintiff.