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(영문) 서울고등법원 2019.09.26 2019나2020144
토지인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Accordingly, the reasoning of the judgment of this court is as follows, except for the cases of dismissal or addition as follows, and therefore, it is identical to the ground of the judgment of the first instance.

(However, as seen above, the part concerning the claim for the delivery of land and the claim for the return of unjust enrichment equivalent to the rent in the annexed list 2 through 7 excluded from the scope of the judgment of this court is excluded. The abbreviations established in the judgment of the court of first instance are also used below.

[Supplementary or supplementary parts] Under the fourth part of the judgment of the court of first instance, the "Witness J" of the third sentence shall be ordered to be "J of the witness of the court of first instance".

In the 8th judgment of the first instance, the first to 14th (3) added “(the Defendant himself/herself is the person who has already been removed at the time of the completion of the registration of the entry in the decision on commencing the auction of the instant case,” a banner stating the contents of “in the course of exercising the right of retention,” from the trial to August 24, 2015 to April 29, 2016.”

Once the judgment of the court of first instance is 8, the defendant of the first instance will take the following measures from the No.45 to the third below.

④ From May 201, the Defendant commenced the civil engineering work, installed a container stuff at the entrance of the construction site to the present date, and continuously occupied the instant land, which is forest land, by means of controlling others’ entry and exit while staying at the container stuff. The Defendant occupied the instant land from other interested parties.

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