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(영문) 수원지방법원 2018.03.29 2017나5409
콘테이너 철거 등
Text

1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit is dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article

However, the following judgments are added to the grounds for appeal by the defendant.

2. The defendant asserts that the judgment of the court of first instance ordering the removal of the above street lamps is unfair, since two street lamps in the separate sheet Nos. 1 26 and 38 (hereinafter referred to as “instant street lamps”) are not installed by the defendant, and they are not owned by the defendant.

The claim for removal of ground objects, such as locks and streets, shall be filed against the person who has the authority to dispose of the ground objects thereof. In full view of the images of Eul evidence 2-5, the result of the request for measurement and appraisal as to the branch office of the National Land Information Corporation in the first instance court, as well as the overall purport of the pleadings, the street of this case, etc. are installed in the part C of the road which is used as the fixed number of the building on the ground of the F of the city of Innju, which is owned by the defendant, and even if the defendant does not install the street of this case, it is reasonable to view that the defendant has the authority to dispose of the street of this case, etc.

3. In conclusion, the plaintiff's claim on the merits must be partially accepted within the scope of the above recognition, and the remaining claims on the merits must be dismissed due to the lack of reasonable grounds.

The judgment of the first instance is just in conclusion, and thus, the appeal against the defendant's principal lawsuit is dismissed.

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