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(영문) 서울고등법원 2020.06.11 2019나2042144
유치권 부존재 확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

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 even if the evidence additionally submitted in the court of first instance was examined in the evidence admitted in the court of first instance, the fact-finding and judgment of the court of first instance

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance, except for the use of parts or additional deletion as follows. Thus, this court's reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

The attached Form of the judgment of the court of first instance shall not be separately attached.

[Supplementary or additional deletions] Each “Defendant C” from Nos. 2 to 7 of the judgment of the court of first instance shall be added to “Codefendant C of the first instance.”

Part 3 of the judgment of the first instance court, "the construction of this case" shall be replaced by "the construction of this case".

Part 4 of the judgment of the first instance court, "the auction procedure of this case" in Part 7 shall be applied to "the preceding auction procedure of this case".

Part 4 of the judgment of the first instance shall be added to the following:

G. On January 2, 2020, the Plaintiff’s assistant intervenor obtained a successful bid of the instant land and building at the instant auction procedure, and completed the registration of ownership transfer based on the sale by voluntary auction. The Plaintiff’s assistant intervenor deleted No. 4, No. 11 of the judgment of the first instance.

Part 4 of the judgment of the first instance shall be deleted from 14th to 5th 1st 1st 1st.

On No. 6 of the judgment of the first instance, "B" was placed in the outer wall of the building of this case on the site outside the outer wall or the building of this case.

Part VI of the first instance judgment, "Evidence submitted by B" was examined as "Evidence submitted by B at the first instance court and the first instance court".

The judgment of the court of first instance from 7th to 7th, "Defendant B seems to have shown", shall be followed as follows.

According to the images or descriptions set forth in the evidence Nos. 3, 6, and 7 above, the outer walls, etc. of the building of this case are as follows.

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