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(영문) 부산고등법원(창원) 2017.11.02 2017나21315
주위토지통행권확인 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that of the first instance except for the following dismissal, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Judgment of the court of first instance and its determination are just even if the plaintiff presented evidence Nos. 14 and 15 to the court of first instance which was lawfully adopted and investigated by the court of first instance, and the fact finding and determination of the court of first instance are just, and there are no errors as alleged in the grounds for appeal by the plaintiff). 2. The part which was used by the court of first instance as "the testimony of witnessO" of No. 3 of the judgment of the court of first instance No. 8 of the court of first instance cannot be deemed to fall under "the case" of No. 6 of the judgment of the court of first instance No. 19 of the court of first instance [the plaintiff cannot be deemed to fall under the case" (B) and (c) the part which was occupied by the defendant to the defendant on Apr. 24, 2015 without permission, and (c) the part of the defendant's private ditches and the part of the adjoining public ditches should be removed according to the above execution of the order to reinstate.

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