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(영문) 의정부지방법원 2020.08.13 2019나217309
건물등철거
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows additional evidence submitted in the court of first instance, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning for this court’s explanation is as follows, except where the Defendants revised some of the contents and added additional judgments, such as Paragraph 2, to the assertion emphasized by this court, and as stated in the reasoning of the judgment of the court of first instance, this Court cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Revision] The fifth to seventh of the first instance judgment is replaced by the following.

Around July 195, the Plaintiff and Defendant B divided the land prior to the subdivision as shown in the [Attachment 4] survey on the basis of their respective building sites (Plaintiffs 595 square meters and 1,358 square meters). In order to prevent the Plaintiff’s land from becoming a franchisor, the Plaintiff and Defendant B had to secure a passage of 6 meters in width in the form of straight line (592 square meters) as far as possible, based on the boundary of neighboring land, and the said part of the road was divided into the Plaintiff as owned by the Plaintiff. The same “same” in Part 5 of the judgment of the first instance is converted into “the same”.

"The result of appraisal by appraiser G of the first instance court" shall be added to the third instance [Evidence] of the first instance judgment.

The 6th to 12th of the judgment of the first instance is replaced by the following:

According to the above facts, since part of the defendants' building (attached Form 1 C) and part of solar power generation facilities installed by the defendants in the above building (attached Form 2 "C") form the plaintiff's land, the defendants are obligated to remove each building in the attached Form 1 C and solar power generation facilities in the attached Form 2 "C" and the attached Form 2 "D," and to deliver the site.

2. The Defendants asserted that the Plaintiff’s claim in this case constitutes an abuse of rights even in this court, but Gap.

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