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(영문) 서울고등법원 2016.07.08 2016나2013473
유치권부존재확인청구등
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 reasons why the court has used for this case are as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the pertinent parts as follows. As such, it refers to the reasoning of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third 13th written judgment of the first instance court is "exploited fact" and "exploited fact (the defendant was removed on January 9, 2015 on the day)".

B. The third party decision of the court of first instance was followed by the 17th party decision of the court of first instance. “The defendant himself/herself occupied the site while doing construction of a golf range until October 20, 2014, and thereafter another company thereafter is the person whose possession was suspended while doing construction of a golf range. Also, the defendant’s 4th party of the preparatory document and the third party of the grounds for appeal as of November 17, 2015. In addition, it cannot be deemed that the defendant occupied the real estate of this case solely on the fact that the defendant temporarily installed a banner, and it cannot be deemed that the plaintiff removed the above banner, thereby illegally deprived the defendant’s possession. There is no evidence supporting the defendant’s arbitrary return of possession of the real estate of this case from the plaintiff, or the defendant’s filing a lawsuit for recovery of possession under Article 204 of the Civil Act within 1 year from January 9, 2015. There is no right to retention or the defendant’s addition.”

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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