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(영문) 서울중앙지방법원 2019.01.24 2018나33113
담장철거 및 토지인도
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The defendant's appeal is dismissed.

3...

Reasons

1. The reasons for this court’s explanation are the same as the written judgment of the court of first instance, except for the submission or addition of the following paragraphs 2, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

(a) Grade 2 of the first instance judgment “4,24,00 won” shall be “5,984,000 won”, and Category 19 “B” shall be “6,746,300 won”, each of whom shall be “6,746,300 won;

B. On the 3rd and 16th and the 15th and 16th judgment of the first instance court, “the results of the appraiser F’s fee appraisal results, the results of the fact inquiry on the chief of the Gangnam Western Seocho branch of the Korea National Land Information Corporation” are the results of the fact inquiry by the appraiser F of the first instance court, and the fact inquiry inquiry reply on the chief of the Gangnam Western National Land Information Corporation branch of the first instance court.”

(c)as of the fourth decision of the first instance, the following shall be added:

“The Defendant’s evidence No. 6 was prepared by a wrong survey method, and thus, the Defendant cannot be used as evidence to acknowledge the fact that the Defendant occupied the site part of the instant case without permission, and there is no other evidence to prove the Defendant’s violation of the boundary. However, each inquiry report to the President of the Gangnam branch of the Korea Land and Land Information Corporation and the head of Seocho-gu Office is insufficient to acknowledge that the evidence No. 6 was prepared by a wrong survey method, and there is no other evidence to acknowledge that the evidence No. 6 was prepared by a wrong survey method. In addition, in light of the remaining evidence and the purport of the entire pleadings, the Defendant’s above assertion is groundless

【】

(d)on the fourth sentence of the first instance judgment, the phrase “4,986,300 won” shall be read as “6,746,300 won”.

(e)on the fourth and fifth pages of the first instance judgment, the phrase “4,224,00 won” shall be deemed to read “5,984,000 won”, respectively.

(f) the testimony of the witness G in Part V of the first instance court ruling is dismissed as “the testimony of the witness G” of the first instance court ruling, and thereafter, “the court of the first instance.”

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