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(영문) 전주지방법원 2015.12.14 2014나8991
건물철거 및 인도
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: “0.5 square meters” in the 3th sentence of the judgment of the first instance court; “0.5 square meters” in the 3th sentence of the judgment of the first instance; “1 square meters” in the 9th sentence; and “the 5th sentence” in the 1st sentence; and “the 5th sentence” in the 1st sentence are as stated in the part of the judgment of the first instance except for the addition of the same as the 2nd sentence, and thus, it shall be cited in accordance

2. Additional parts and even if the installer of the party wall of this case for which the plaintiff seeks removal, as alleged by the plaintiff, is the defendant, it cannot be deemed that the part belongs to the plaintiff's building (the exclusively owned part) and it is owned or occupied by the defendant. Thus, it is unreasonable to seek removal, etc. from the defendant, separate from claiming damages for the defendant's construction.

3. The decision of the court of first instance is justified, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of the court below.

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