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(영문) 대법원 2021.03.25 2020다204391
건물철거 등
Text

All appeals are dismissed.

Costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal are examined (to the extent that supplement of the grounds of appeal is added to the grounds of appeal).

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the Plaintiff and Defendant B agreed that the above Defendant did not bear the duty to restore the facility of this case under the instant contract.

In addition, the lower court did not err by misapprehending the legal doctrine regarding the transfer or attribution of ownership or by failing to exhaust all necessary deliberations in its judgment that Defendant Korea Development Bank cannot be deemed as the owner of the instant machinery, apparatus, and structure, or by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, thereby adversely affecting the conclusion of the judgment.

On the other hand, the remaining parts of the judgment of the court below concerning the ownership or the right to dispose of the property are merely an additional judgment. As seen earlier, we affirm the judgment of the court below that Defendant B exempted Defendant B from the duty to restore the facility of this case under the contract of this case and that Defendant Korea Development Bank is not the owner of the machinery, apparatus and structure of this case, the legitimacy of the above additional judgment does not affect the conclusion of the judgment, and thus, the allegation in the grounds of appeal on this issue is rejected without the need

Therefore, all appeals are dismissed, and the costs of appeal are borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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