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(영문) 서울고등법원 2019.05.28 2018나2068538
건물등철거
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the addition as follows. Thus, this case shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added between the 6th sentence and the 7th sentence in the first instance judgment:

“In addition, even though an occupant of land filed a lawsuit claiming ownership transfer registration against the owner of land on the ground of sale and purchase of the land and the judgment against him/her became final and conclusive, the presumption of the occupant’s independent possession cannot be reversed due to such circumstance and converted into the possession of another owner (see, e.g., Supreme Court Decision 2006Da19177, Dec. 10, 2009). In light of the foregoing, the presumption of the occupant’s independent possession, which is the land occupant, cannot be reversed on the ground that the judgment was rendered as seen earlier in the said lawsuit instituted by H’s creditor I and J, based on the circumstance that the said judgment became final and conclusive.”

2. The judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed.

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