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(영문) 광주지방법원 2019.10.11 2019나52538
건물등철거
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

(b).

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, except for the following additional parts, and the fact-finding and judgment of the court of first instance are justified even if all evidence submitted in the court of first instance and the court of first instance

Therefore, the reasoning of the judgment of the court of first instance is the same as that of the Defendants, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendants’ defense paid the necessary and beneficial costs of KRW 20,028,975 as to the instant building, etc., and thus, there exists a right to claim reimbursement of expenses under Article 203 of the Civil Act, and the Plaintiff exercised the right of retention with the secured claim. Thus, the Defendants’ possession of the instant building, etc. is lawful.

B. The evidence alone presented by the Defendants at the trial was to pay money to the Defendants in order to preserve or improve the instant building, etc.

It is difficult to recognize that there is an increase in the value of the money paid by the Defendants to improve the building, etc. of this case. Therefore, the Plaintiff cannot be deemed to bear the duty to reimburse the necessary or beneficial expenses under Article 203 of the Civil Act against the Defendants.

(B) The Defendants, even if the Defendants paid necessary or beneficial expenses, may seek the removal of the instant building, etc., and do not seek the restoration of possession thereof, and thus, Article 203 of the Civil Act does not apply to the instant case). Accordingly, the Defendants’ aforementioned defenses based on this premise are not acceptable.

3. The plaintiff's claim against the defendants should be accepted in its reasoning.

The part of the judgment of the court of first instance is justified with the conclusion of the judgment, and the appeal against the Defendants is dismissed as it is without merit.

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