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(영문) 수원지방법원 2017.09.07 2017나2424
건물등철거
Text

1. The Plaintiff’s respective appeals against Defendant H, I, and L and all appeals against Defendant D, M, and N are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for dismissal or addition of the plaintiff's assertion in this court, and thus, it is identical to the ground of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance

2. Parts to be removed or added;

A. The dismissal of the judgment of the first instance court in the same part refers to "D" of the 11th, 13, and 14th, to "Defendant D".

B. The plaintiff asserts that the part of the claim for acquisition of the procedure for filing an application for ownership transfer registration against Defendant L, which takes effect as a confession pursuant to Article 150(3) of the Civil Procedure Act, should be cited.

According to Article 150 of the Civil Procedure Act, only a confession shall apply to the actual argument of the other party, and it shall not apply to the legal argument (see Supreme Court Decision 73Da907, Oct. 10, 1973). This part of the claim against the defendant L cannot accept the plaintiff's claim as a result of the legal assessment and application of the law, even if the facts alleged by the plaintiff are fully recognized, so even if the defendant L is deemed to have led to the plaintiff's assertion, the plaintiff's claim against the defendant L cannot be accepted.

Therefore, we cannot accept this part of the plaintiff's assertion.

3. In conclusion, each claim against Defendant H, I, L, and M shall be accepted within the scope of the above recognition, and each claim against Defendant D and N shall be dismissed as it is without merit. Each claim against Defendant D and N shall be accepted for reasons.

The judgment of the first instance is just in conclusion, and thus all appeals filed by the Plaintiff against Defendant H, I, and L and appeals filed by Defendant D, M, and N are dismissed.

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