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(영문) 창원지방법원 2015.06.16 2014나7999
토지 경계확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Intervenor on the instant principal lawsuit and counterclaim are dismissed.

Reasons

1. The judgment of the court of first instance dismissed the plaintiff's claim on the main lawsuit and partly accepted the defendant's claim on the counterclaim. Since the plaintiff and the plaintiff's supplementary intervenor appealed against this claim and filed an appeal on the main lawsuit and counterclaim, the scope of the judgment of this court is limited to the part against the plaintiff among the plaintiff's main claim and the defendant's counterclaim.

The following principal lawsuit and counterclaims shall be deemed to be filed together:

2. The reasoning for the court’s explanation of this case is as follows, except for the rejection of all the entries in Gap evidence Nos. 19 through 25 (including serial numbers) and the witness M of the trial of the court of the first instance, which are insufficient to recognize the plaintiff’s assertion as additional evidence submitted in the trial of the court of the first instance, and the ground for the judgment of the court of the first instance is the same as that of the court of the first instance. Thus, it

3. The plaintiff's main claim is dismissed as it is without merit, and the defendant's counterclaim is justified within the scope of the above recognition, and the remaining counterclaim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion. Thus, the appeal by the plaintiff and the plaintiff's supplementary intervenor is dismissed as it is without merit. It is so decided as per Disposition.

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