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(영문) 대구고법 1959. 3. 25. 선고 4291민공519 민사제2부판결 : 상고
[건물철거및대지인도청구사건][고집1948민,363]
Main Issues

The facilities on the site shall be left as part of a building and sought the reputation of the site and the nature of the tort.

Summary of Judgment

Therefore, it is difficult to view that the administrative authority’s right to seek an order of the said site according to its own usage by stating that the said site is a part of the building owned by the buyer, and that it threatens the buyer’s legal and economic safety sense, and it cannot be deemed that the said site is a tort caused by abuse of the right.

[Reference Provisions]

Article 709 of the former Civil Code

Plaintiff and the respondent

Korea

Defendant, Prosecutor, etc.

Defendant

Text

The original judgment shall be revoked.

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff through the first and second trials.

Text

The defendant's attorney is seeking a judgment in the same area as the purport of the public prosecution, and the plaintiff's litigation performer is seeking a judgment dismissing the public prosecution.

The plaintiff's litigation performer stated that the plaintiff's 13th 4th 13th Ka-dong, Daegu-si, the plaintiff's 13th 23th Ka-dong is the plaintiff's cause of the claim. Since the defendant illegally occupied 2-2-2-9 of Part A of Part I of Part I of Part I of Part I of Part I of Part I of Part I of Part I of Part I of Part I of Part I of Part I of Part I and owned a back on the ground without a legitimate title, the plaintiff's plaintiff's litigation performer stated that the plaintiff's response against the plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's assertion was reached in the main lawsuit to seek the name of the land.

The defendant's attorney answers that the defendant owned a building on the 17th and 21th and same 13th and same 13th and same 13th and same 13th and same 13th and the same 13th and same 13th and the above 13th and the above 13th and the above 13th and the above 4th and the above 13th and the above 13th and the above 13th and the above 10th and the above 10th and the above 10th and the above 20th and the above 10th and the above 20th and the above 1st and above 20th and the above 20th and the above 1st and above 20th are excluded from the above 1st and the above 1st and above 20th and the above 1st and above 3th and the above 1st and above 20th and the above 3th and above 3th and the above

Reasons

According to the reasoning of evidence No. 1, which can be presumed to have been established because it is an official document, the defendant's non-party 1's non-party 4 located in Daegu Dong-dong 13 as the property devolving upon the plaintiff's ownership, and according to the result of appraisal by the non-party 2, it can be acknowledged that the non-party 1's area connecting each point of 1', 2's 3's 4's 4's 4's 5's 9's 9's 9's 1's 1's 9's 1's 9's 1's 1's 1's 6's 9's 1's 6's 1's 6's 1's 6's 1's 6's 1's 6's 1's 6's 1's 6's 1's 6's 1's 's 's 's 's 's 's 's 's 's 's 's 's 's '''s 's ''s 's 's 's 's 's 's '.

Judges Cho Chang-con (Presiding Judge)

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