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(영문) 의정부지방법원 2018.07.20 2017나213266
통행권확인 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The part against Co-Defendant C of the first instance, among the part against the Plaintiff regarding the principal lawsuit in the judgment of the court of first instance regarding the scope of the trial, is excluded from the subject matter of the first instance trial since the Plaintiff did not appeal against it. Since only the Defendant appealed against the judgment of the court of first instance, the scope of the first instance trial is limited to the part against the Defendant regarding the principal lawsuit and counterclaim in the judgment of first instance.

2. The reasons for the acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for addition or modification of the following. Thus, it is acceptable as it is in accordance with Article 420 of

Following the third 6 line “E” added “E” to “30”; the fourth 4 line “24.” to “200 square meters; the fourth 5 line “E” was added to “200 square meters; and the same 5 line “E” and “84 lines”; as the owner of the land adjacent to the land of this case, the Plaintiff consented to the use of the land of this case by succeeding to the agreement of this case between E and the Plaintiff under the expectation that the Defendant would perform the agreement of this case between E and the Plaintiff; and it is reasonable to deem that the Plaintiff impliedly consented to the use of the land of this case by succeeding to the agreement of this case by the Plaintiff, as seen in the first g of the first 1 after the purchase and sale of the land, etc. between E and the Defendant, as the owner of the land of this case.

3. The plaintiff's counterclaim against the defendant should be accepted on the ground that the plaintiff's counterclaim is reasonable, and the defendant's counterclaim should be dismissed on the ground that it is justified

Of the judgment of the court of first instance, the part against the defendant in the judgment of the court of first instance is justified, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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