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(영문) 춘천지방법원 2020.02.12 2018나53815
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows each evidence submitted in the court of first instance, the fact-finding and judgment of the court of first instance can be deemed legitimate

Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the following 2. Additional Determination as to the argument that the Plaintiff emphasizes in this court as to “Defendant B” and “Defendant B” to “Co-Defendant in the first instance trial,” and “Defendant C” to “Defendant C,” respectively, and as to the assertion that the Plaintiff emphasizes in this court, it is identical to the ground of the judgment of the first instance. Therefore, it is acceptable in accordance

(However, the part as to Codefendant B Co., Ltd. of the first instance court that the plaintiff withdrawn the lawsuit in this court is excluded).

A. The Plaintiff asserts that, in the case of the instant pine trees, it is sufficient for the co-defendants of the first instance trial and the specific person of the Defendant, to publish ownership only for a specific period of time, namely, within the construction period. Thus, insofar as the co-defendants of the first instance trial and the Defendant knew that the instant pine trees were owned by the Plaintiff, it should be recognized as a sprinking method of the instant pine trees.

In full view of the following: ① a real right is to exclude another person’s interference and to make profits from an article which is the object of a real right (the distribution of a real right) by a right holder; ② a person holding a real right, unlike a claim, may assert his/her right to all other persons, not a specific other party (the absolute nature of a real right); ② a person holding a real right shall have an objective attached to his/her property right that can recognize the subject and content of a real right due to the distribution and absolute nature of a real right (the principle of disclosure); and (ii) the method of expulsion is one of the methods of disclosure.

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