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(영문) 부산고등법원 2020.11.18 2020나54374
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and when comprehensively examining the evidence duly adopted and examined by the court of first instance and this court, the fact-finding and judgment of the court of first instance are justified and they do not seem to be erroneous.

Therefore, this court's reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, excluding any addition or replacement.

2. On the 8th instance judgment of the first instance court, the addition shall include, after the 10th instance judgment, the following:

(6) In the case of subparagraphs D and E, the Defendant asserts that the balcony part was sold in lots by including it in the area for exclusive use due to structural characteristics, which can be used as a "theme car page, etc.," unlike other lakes. However, as shown in the attached Form 3'2, the Defendant is placed at the right side, the right side, the side side, the side side, the side side, the side side, the side side of the I through J, and the part, which are not included in the exclusive use area, in each of the above subparagraphs, and the above subparagraphs are used for individual purposes in each of the above subparagraphs, and the installation of a simple structure, such as a tent, which can play a roof role in the above subparagraphs, can only be seen as being able to utilize the above space as an extended space of the commercial building. In light of the fact that it is difficult to view that there is any special difference between the balcony part and the balcony part purchased by the Plaintiff in terms of the above subparagraphs D and E, it is difficult to deem that there is a special reason to include the balcony in the exclusive part only in the case of the instant shopping subparagraph D and E.

Rather, it is not possible to enter the left side of Mho Lake, I through J, with the test room that it is impossible to enter without going through the inside of each unit.

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