(영문) 춘천지방법원 2018.10.31 2017나51614

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(영문) 춘천지방법원 2018.10.31 2017나51614

콘크리트포장 철거 및 토지인도

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1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The lower court’s findings and determination are justifiable even if the lower court, which cited the first instance judgment, took into account the allegations emphasized by the Plaintiff and additional evidence, including evidence No. 13 and No. 14.

The court's explanation about the instant case is based on the judgment of the court of first instance.

The reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except the following cases:

2. The part filled up “the Plaintiff shall be 1,464m2 (hereinafter “instant land”) with respect to C forest land in Gangseo-gun, Gangwon-gu, the Plaintiff owned on March 2013.

[Attachment 2] [Attachment 4] [Attachment 4]] [Attachment 4]] [Attachment 4]]]]]]

The Defendant permitted the use of a road with regard to the part corresponding to the Plaintiff, but unlike the Plaintiff’s permission, the Defendant, unlike the Plaintiff’s permission, shall use a road on the ground of 30, 31, 32, 33, 34, 35, 36, 27, 26, 25, 12, 13, 24, 23, 22, 17, 18, and 30 on the ground of 28 square meters in the connected part of the attached drawing 1 (hereinafter “instant road”).

A) Around May 2015, the Defendant established a concrete package on the instant road. Accordingly, the Defendant is obligated to remove the portion equivalent to the size of 5's 206 square meters in the ship and deliver the relevant portion of the land to the Plaintiff, among the instant roads, of the drawings 30, 31, 32, 33, 34, 35, 36, 27, 25, 25, 12, 13, 13, 37, 23, 22, 17, 38, 39, and 30 each of the said drawings, which successively connects each of the said drawings 28, 29, 20, 40, and 28 of the said drawings.

3. The plaintiff's claim for the conclusion must be dismissed due to the lack of reasonable grounds.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

참조조문

-민사소송법 제420조

유사 판례

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-대전지방법원 2015.10.13 2013가단52957

-춘천지방법원 2017.05.11 2016가단52541