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(영문) 춘천지방법원 2019.11.20 2018나55033
건물등철거
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The Plaintiff’s grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment in the court of first instance can be deemed legitimate.

Therefore, the reasons for this court to be stated are as follows, except for the addition of the following ‘2. Additional Judgment' as to the argument that the defendant emphasizes or adds to this court, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

(However, the part on the co-defendant B and C, which was separated and confirmed, is excluded). 2. Additional determination

A. The Plaintiff revoked H’s consent without knowing that H’s 7th ground portion in the instant vessel is to be installed by licking the F land, and therefore, H’s consent is to be revoked as it was made based on an error in important part, but there is no evidence to prove that H consented to the installation of lick part in the instant vessel due to an error as alleged by the Plaintiff, inasmuch as H consented to the installation of lick part in the instant vessel.

The plaintiff's assertion on this part is without merit.

B. 1) The Plaintiff’s assertion is merely a specific successor to the purchase of F land from H, and the effect of the consent to use the land between H and the Defendant is not succeeded to the Plaintiff. 2) In a case where the owner of the relevant legal doctrine provides the land to the general public, such as a road and a site laid underground for water supply, the following should be comprehensively considered: (a) the details and period of the ownership of the land; (b) the details and the size of the owner’s provision of the land to the public; (c) the owner’s benefit or convenience from the provision of the land; (d) the location or form of the relevant land; (e) the relationship with the neighboring land; and (e) the comparison between the ownership of the land owner and the public interest.

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