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(영문) 대구지방법원 2016.05.25 2015나309405
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the pertinent part is modified or added as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Nos. 8-17 of the judgment of the court of first instance (agresponding to the facts of recognition) shall be added as follows.

B. At the time of the construction of the instant building, H site was located in the west-gu, Daegu-gu, and the owner of the said H site established a boundary by breaking about 33.475 square meters of the front part of the said E site, and constructed a fence. D, without knowledge of such circumstances, did not know the attached Table 8, 11, 4, 5, 6, 7, and 8, connected each part of the said E site with “bbbb” (hereinafter “instant land”) and constructed a fence by putting the land into each part of the said land and 39 square meters of the G site (hereinafter “instant building site”). D’s total area on the instant E and F’s land is 176 square meters of the building site owned by the said E and F’s land.

B. Part 3-8 of the judgment of the court of first instance is as follows: (a) Nos. 1 to 7, and 9 through 30 (including a serial number, if any) are written; (b) Party A’s 1 to 6 images; (c) Party A’s 8-1 to 6 images; (d) the result of a request for a survey and appraisal to the Vice Governor of the Daegu North Korean Headquarters of the Intellectual Property Center of the first instance court; and (d) Party D’s “D” in Part 4 to Party A.

C. On the third page of the judgment of the court of first instance, “at normal and public performance” is added later than “the intention of possession”.

3. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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