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(영문) 수원지방법원 2020.02.12 2019나9375
건물등철거
Text

1. The part against the Defendants in the judgment of the court of first instance excluding the part of the claim for damages finalized by the judgment of remand.

Reasons

1. Objects to be tried on the political party after remand;

A. In the first instance trial, the Plaintiff filed a claim against the Defendants and the Co-Defendant H, I, L, B, E, F, etc. of the first instance trial for the removal of the building, delivery of the land and the damages, and filed a claim against the Co-Defendant O, R, S, etc. of the first instance trial for the removal of the building.

The first instance court partly accepted the Plaintiff’s claim against Defendant M, Co-Defendant H, I, and L, and accepted all of the claims against Co-Defendant B, E, and F of the first instance court including Defendant D and N. In response, the Plaintiff filed each appeal against the Plaintiff against the Co-Defendant H, I, and L of the first instance court.

B. Each appeal against the Plaintiff’s co-defendant H, I, and L in the first instance trial and the Defendants’ respective appeals were dismissed, and only the Defendants appealed.

C. The Supreme Court partially accepted the Defendants’ appeal and reversed the part of the Defendants’ claim for removal of buildings and delivery of land among the parts against the Defendants in the judgment of the party prior to remand, and remanded this part of the case.

Therefore, among the parts against the joint defendants of the first instance court other than the defendants and the part against the defendants of the judgment before remanding, the part of the claim for damages was already separated and confirmed, and excluded from the scope of the trial before remanding. Of the part against the defendants of the judgment before remanding, only the part of the claim for removal of buildings and delivery of land was subject to the judgment

2. The grounds for this part of the basic facts and the Plaintiff’s assertion are as stated in the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are the de facto disposal authority or their inheritors who have acquired each of the pertinent buildings through sale or payment in kind, and only have the right to dispose of each of the relevant buildings, and they do not have the right to use the site in relation to the relevant building site, and they are the right to site in their section of exclusive ownership among the relevant

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