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(영문) 수원지방법원 2020.07.16 2019나85294
시설권확인 청구의 소
Text

All appeals by the Defendant-Counterclaim Plaintiff are dismissed.

Expenses for appeal shall be borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The grounds for appeal by the Defendants cited in 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 are deemed justifiable.

Therefore, the reasoning of the court of first instance is as stated in the reasoning of the court of first instance, except for the revision of the "date of use or the date of the defendants' loss of ownership" as the "date of the loss of use or the date of the defendants' loss of ownership" in Section 6, Section 3 of the judgment of the court of first instance, and therefore,

2. If so, the plaintiff's claim of the principal lawsuit of this case is justified, and the defendants' claim of the counterclaim should be dismissed for lack of any reasonable ground.

The judgment of the first instance is justifiable in its conclusion, and thus, the Defendants’ appeal is dismissed.

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