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(영문) 대전지방법원 2020.01.09 2018나104984
토지인도
Text

1. Of the judgment of the first instance, among the judgment of the court of first instance, the Plaintiff indicated in the attached Form 5, 6, and 5.

Reasons

1. The reasoning of this court's judgment citing the judgment of the court of first instance is as follows, 1. to 2. L of the judgment of the court of first instance except for the following parts:

Since it is the same as the entry in a port, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The grounds for appeal by the plaintiff are not significantly different from the allegations in the first instance court, and the evidence duly adopted and examined by the first instance court is deemed to have been delivered to the evidence No. 9 submitted by the plaintiff in this court, and the fact-finding and decision in the first instance court is justifiable, and there is no error as alleged by the plaintiff as the grounds for appeal). 2. D. 2.

The paragraphs (from 5th to 14th) shall be taken in the following manner:

Inasmuch as the Defendants’ assertion and determination as to the specification of the subject matter, etc. are impossible and consistent with the site of this case, the Plaintiff’s claim seeking the removal of the said gravel is unjust. In light of the following circumstances, i.e., large and small gravel and other similar cement sculptures in the instant land, it would be practically impossible for the Defendants to separate the said gravel from the said land, and the passage of time and passage would have already been consistent with the said site. Accordingly, the Defendants’ claim for the removal of the said gravel is deemed impossible. Accordingly, the Defendants’ claim for the removal of the said gravel is reasonable, and the Plaintiff’s claim against the Defendants is without merit.

3. Conclusion, the plaintiff's claim for removal of the fence of this case against the defendants and the claim for removal of the gravel of this case must be dismissed in entirety as it is without merit, and otherwise, the plaintiff's claim for removal of the gravel of this case shall be accepted.

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