logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.23 2018나2045863
기타(금전)
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) and the Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, with the exception of adding or adding to the following and adding the judgment as to the allegations emphasized by the Defendants in this court.

(The main sentence of Article 420 of the Civil Procedure Act). The 3rd and fourth written “attached Form 1” in the judgment of the first instance shall be used as “attached Form 1”, and the 8th written “ August 11, 2015” shall be added to “the instant land.”

The 6th 9th 13th 6th 10 judgment in the first instance judgment “ also does not meet or meet (see, e.g., Supreme Court or Supreme Court Decision).”

In addition, Article 256 of the Civil Act provides that "the owner of an immovable property shall acquire the ownership of an article attached to the real estate, except where it is attached by the title of another person." Thus, if trees are planted on the land owned by another person, in principle, they are owned by the owner of the land. However, if trees are planted on the land owned by another person, in exceptional cases, they are planted by "the owner of the land" and "the owner of the land is owned by the owner of the land." The term "the holder of the right" here refers to the right to use the real property by attaching the movable property of another person, such as superficies, right to lease on a deposit basis, right to lease on a deposit basis, right to lease on a deposit basis, right to lease on a deposit basis, etc. (see, e.g., Supreme Court Decisions 8Da9067, Jul. 11, 198; 2015Da6907, Mar. 15, 2018).

The following shall be added to the 7th judgment of the first instance.

As seen earlier, the final and conclusive judgment of the non-permission of the part concerning the instant pine trees among the instant auction in the instant lawsuit, but even if the specific enforcement disposition on the instant pine trees, which became the subject of a third party’s objection, has been revoked through the said judgment, the instant pine trees are subject to the instant auction.

arrow