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(영문) 서울고등법원 2013.08.29 2012나89681
건물철거 및 토지인도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons why this Court shall explain this part of the facts of recognition are as follows: (a) the Defendant A Co., Ltd. (hereinafter “Defendant A”) was dismissed as “A Co., Ltd. (hereinafter “A”)” in Part 2 of the decision of the court of first instance; and (b) the part of the lawsuit in this case against Co-Defendant A Co-Defendant A Co-Defendant of the first instance court was concluded on July 12, 2013 at the date of conciliation.

Each “Defendant Company” coming from the fourth and lower portion, shall be dismissed from each “A”, and the fourth and lower portion from each “Fishing Construction Department” to each “The 5th and lower portion,” as follows: (a) A agreed on November 19, 2004 to have ownership of the construction right and the enforcement right by concluding a contract by separating the enforcement right of the construction of the building of this case between A and A on November 19, 2004 to transfer it to A.

3) On May 4, 2009, the title of the building of this case was "A between the Defendant and A on May 4, 2009," and the part of the 4th through 21th 5th 1st eth eth eth eth eth eth eth eth eth e) in the fourth 17th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth

) In the judgment of the first instance court, the Defendant, and the co-defendant F of the first instance trial, were notified of the fact that they were modified in the name of “A” and “F”. In addition to the fact that the 5th page “A” is applied to “Aquatic Co-Defendant F,” and that the 5th page “A” is applied to “Aquatic Construction”.

Since the part against the defendants in the claim is identical to that of the part against the defendants, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Grounds for the court's explanation concerning this part of the judgment on the grounds for the claim are 2-B of the judgment of the court of first instance.

Since the part against the defendants in the claim is identical to that of the part against the defendants, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination as to the defendants' defense.

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