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(영문) 수원지방법원 2020.06.05 2019나93509
건물등철거
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and the fact-finding and decision of the court of first instance are justified in light of the evidence submitted to the court of

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance except for the following parts added, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil

2. In addition, the following is added to the fifth 7th judgment of the first instance court.

“In Paragraph 5 of the instant special agreement, the Plaintiffs were to reduce KRW 200 million from the purchase price to the cost to be responsible for and resolved the issue of the instant building. Accordingly, the matters stipulated in Paragraphs 4 and 5 of the instant special agreement are premised on the implementation of the instant contract, and the matters stated in paragraphs 4 and 5 of the instant special agreement cannot be deemed to have the legal superficies or superficies for the ownership of the instant building to F or the Defendant, and it is difficult to deem that the Plaintiffs granted trust to the Defendant to set up the superficies of the instant building even when the instant contract was rescinded to the Defendant.”

3. The plaintiffs' claims are accepted in its entirety on the grounds of their reasoning, and the judgment of the court of first instance is just in its conclusion, and all of the defendants' appeals are dismissed, and it is so decided as per Disposition.

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