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(영문) 창원지방법원 2018.11.30 2018나55941
장애물 철거등
Text

1. The plaintiff's remaining part of the judgment of the court of first instance excluding the part against the plaintiff which became final and conclusive by a judgment of remand.

Reasons

1. Scope of the judgment of this court;

A. The first instance court dismissed the Plaintiff’s request for the delivery of this case’s land and the monetary payment claim, and dismissed the part of the obstacle removal, such as the sign of prohibition of parking of plastic material, slick, personal private land guidance sign, etc. installed on the part (i) of the case’s request for the removal of obstacles, which successively connects each of the items of (ii) of the Annex No. 2, 3, 5, 6, and 2 of the Annex No. 2, 3, 5, 6, and 1, which are installed on the part of the case’s request for the removal of obstacles, such as the sign of prohibition of parking of plastic material, slick, personal private land guidance sign, etc. installed on the part (ii) of the Annex No.

B. The Plaintiff appealed to the part against the Plaintiff in the judgment of the first instance, and the Defendant did not file an appeal. The judgment prior to the remanding the Plaintiff’s appeal, which accepted part of the Plaintiff’s appeal, and accepted the part of the claim for removal of obstacles, such as the sign of prohibition of parking of plastic material and the sign of personal ground guidance, etc., installed in the part of (b) on board, connected in sequence with each point of the attached drawing Nos. 1, 4, 5, 6, and 1 among the instant land in which the claim for delivery of the instant land and the judgment of the first instance were dismissed.

C. The Plaintiff and the Defendants appealed on the part against each of the judgment judgment prior to remand. The judgment of remand was dismissed by the Plaintiff’s appeal, and the part against the Defendants in the judgment prior to remand was reversed and remanded to this court.

Therefore, the part concerning the claim for removal of obstacles installed in the part (a) of the judgment of the court of first instance, which was accepted by the plaintiff's claim, was separated and finalized by the defendant's failure to appeal. The part concerning the claim for monetary payment was separated and finalized by the judgment of the Supreme Court of Korea, and the part concerning the claim for monetary payment was additionally accepted by the judgment of the court prior to the

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