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(영문) 창원지방법원 2018.01.24 2017나55890
가건물 철거등
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: (a) the third part of the judgment of the court of first instance “Defendant L” is deemed to be “Defendant B”; and (b) the fourth part of the judgment “16 square meters in a ship” is deemed to be “16 square meters in a ship” and the part added or used in paragraph (2) below is deemed to be the ground of the judgment of the court of first instance except for the part added or used in paragraph (2). Therefore, it is cited as it is in accordance with the main sentence of Article 420

2. From the fourth bottom of the judgment of the court of first instance, a part added or dried up to the 13th page of the 1st to the 13th page shall be made as follows:

1) As the Plaintiff’s claim for the removal of interference based on the ownership, the Plaintiff sought removal of the building No. 1, 1, and 2 from the building No. 1 and sought removal of the building and delivery of the land to the Defendants. 2) Defendant B sold the land No. 24 November 24, 2016 to N and Defendant D, which was after the closure of the first instance trial, to N and Defendant D, and thus cannot respond to the Plaintiff’s claim. (B) The Defendants cannot comply with the Plaintiff’s claim on the ground that they have the right to claim for the transfer of ownership based on the completion of

C. In addition, the plaintiff's claim seeking the removal of each household building which is the defendants' residential area and seeking the delivery of land should not be allowed as it constitutes an abuse of rights.

B. Based on the facts acknowledged prior to the determination as to the cause of the claim, barring special circumstances, Defendant A and D leave the Plaintiff, the owner of each of the instant lands, and Defendant B, the owner of each of the instant lands, who owned the building No. 1, occupied the land once by owning the building No. 1 on the ground of the land owned by the Plaintiff, and thus, Defendant B, without regard to the ownership of the land once, has the duty to remove the building once and deliver the land once, and ② Defendant D and E have the duty to remove the building No. 2 and deliver the land No. 2 and 3.

From the sixth bottom of the judgment of the court of first instance to the last day of the first instance, the following shall be followed:

According to the facts acknowledged above, the Defendants are liable for damages.

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