logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.17 2018나48740
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasons for this court’s explanation are the same as the written judgment of the court of first instance, except for the submission or addition of the following paragraphs 2, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Part 2 of the judgment of the first instance court, the phrase “written claim(1) and written claim(s)” in Part 17 of the judgment is “written in the claim(s)”.

(b) in Part 3, Paragraph 4, of the first instance court ruling, the term “this court” shall be read as “court of the first instance court”;

(c) Part 4, part 17 of the judgment of the first instance court, “the above land” is “the 1 to 4, and 6 land”, and part 18 of the same paragraph is “the above land”, respectively.

The following shall be added at the end of the fourth decision of the first instance:

“The land of this case 1 to 4, 6 is not a road prescribed by the Joseon Road Ordinance, but a farm road used as a village, and it is difficult to deem that the Defendant occupied each of the above land by using it as a road.”

(e) Part 5 of the first instance judgment of the first instance court, the phrase “if the above land has been used as a road,” shall be read as “if each land above is used as a road,” and the phrase “the above-mentioned land” in Part 3 of the same face shall be read as “each land”.

(f) each “land” shall be raised to each “each land” in accordance with the first instance court’s first instance judgment from 6th to 7th, respectively.

G. In full view of the facts of the recognition of the lower court’s judgment No. 6, No. 17 of the first instance court’s judgment, “as follows.”

In full view of the purport of the entire pleadings in the above-mentioned facts, each of the above lands shall not be the farm road used as a village, but be the road occupied and used by the defendant;

3. According to the conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as without merit. The judgment of the court of first instance is justified and it is so decided as per Disposition by the plaintiff's appeal.

arrow