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(영문) 대구지방법원 2015.12.03 2015나8177
건물철거 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasons for the court’s explanation of this case are as stated in the part of the judgment of the first instance except for the plaintiffs’ determination as to the matters alleged in the trial as follows. Thus, the reasoning for the court’s explanation of this case is as stated in the main sentence of Article 420 of the Civil Procedure Act.

[Additional Matters] Even if the legal superficies is acknowledged to H on October 4, 2007, the Plaintiffs asserted that M, who acquired the ownership of the above E, G, and F, acquired the ownership of the instant building on October 31, 2007, and that the customary legal superficies was extinguished due to confusion by acquiring the ownership of the instant building on October 31, 207, but even if M, one of the co-owners of the above E, G, and F, acquired the ownership of the instant building solely, it cannot be deemed that the customary legal superficies is extinguished due to confusion since M, who acquired the ownership of the instant building on its own.

Therefore, the plaintiffs' above assertion is without merit.

2. In conclusion, the judgment of the first instance is legitimate, and all appeals by the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.

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