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(영문) 서울고등법원 2020.05.13 2019나2049244
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Accordingly, the reasoning of the judgment of this court is partly revised as follows, and the argument that the plaintiff B emphasizes or added to this court is added to the following "2. Additional Judgment", and therefore, it is identical to the reasoning of the judgment of the first instance. Therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the judgment of the court of first instance, all of the "appraisals" shall be "appraisals of the court of first instance".

B. The third and nine instances of the judgment of the court of first instance deleted “and” the delivery of land.

C. Each “Plaintiff” of the March 11th, 11th, 5th, 14, 17th, and 8th, 12th is all “Plaintiff B”. D.

The defendant is obligated to remove the instant stone and deliver the portion of the instant stone to the plaintiffs in the third 15-16th 16th of the judgment of the court of first instance. "The defendant is obligated to remove the instant stone."

E. The third 18 parallel 18 pages of the judgment of the court of first instance shall be regarded as “land on the ground and underground.”

F. The fourth 6-party 6 of the judgment of the court of first instance refers to the Plaintiff’s “Plaintiff” as “Plaintiff B.”

G. The fifth 15th tier of the judgment of the first instance shall be deleted.

H. The 6th one to three sides of the judgment of the court of first instance are as follows: “The Defendant has exceeded one another,” and the 6th one to three sides of the judgment of the court of first instance violated the Building Act on the separation distance of the building.”

I. The 8-2-3 of the judgment of the first instance is deleted.

2. Additional determination

A. The Plaintiff B’s instant stone axiss from the lower part of the instant building owned by the Defendant to the lower part of the lower part of the instant building, which was the ground of the instant building, to the lower part of the new launch of the Plaintiff-B land. As such, the instant stone axis, which served as the ground of the instant building, invaded the boundary of the D

If it is interpreted that the instant stone axis conforms to D land, the instant building is owned by Plaintiff B.

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