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(영문) 전주지방법원 2016.11.03 2015나9960

건물철거 등

Text

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 grounds alleged by the Defendants in the first instance court by filing an appeal against the principal lawsuit and counterclaim of this case are not significantly different from the contents alleged in the first instance court, and even if examining all of the evidence and witness W submitted in the first instance court and the first instance court’s testimony, the judgment of the first instance court is justifiable.

Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the judgment of the first instance except where the “S” of the first instance court Nos. 4, 20, and 5 is deemed as P”, and therefore, it is also cited in accordance with the main text of Article 420 of the Civil Procedure Act.

2. In conclusion, the judgment of the court of first instance is justified, and all appeals filed by the Defendants against the principal lawsuit and counterclaims are dismissed as it is without merit. However, the judgment of the court of first instance is delivered with the assent of all, since it is obvious that “the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff)” in Article 2 of the judgment of the court of first instance is omitted, and it is obvious that “the Plaintiff (Counterclaim Defendant)” was omitted