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(영문) 서울중앙지방법원 2018.04.05 2017나75653
채무부존재확인
Text

1. The plaintiffs' appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Defendant G agreed to install a retaining wall (hereinafter “the retaining wall of this case”) on the boundary of the Plaintiff, Jongno-gu Seoul Metropolitan Government land and H land, which is the co-owner of the land of Jongno-gu 548.8 square meters (hereinafter “I land”) adjacent to H on July 4, 2006, in order to execute a new construction of a tenement house on the ground of Jongno-gu Seoul Metropolitan Government HW large 304.5 square meters (hereinafter “H land”), and installed the retaining wall of this case around April 27, 2007 in accordance with the said agreement.

(E) The Defendant G had built the retaining wall of this case on the damaged stone embankment when the construction of access roads for the new construction of a tenement house was considerably damaged. (B)

I land shares the right to a site on its ground, and H land sold a tenement house on its ground to Defendant G and the Defendants, co-defendant E of the first instance trial, and F shared the right to a site.

C. The retaining wall of this case was attached to the I ground building owned by the Plaintiffs, and was installed in a part of 10.4 square meters in the (b) inside the instant land (hereinafter “instant land”) connected in order to each point of 1,2,10,8,9,11, and 1 of the attached drawings among H land owned by the Defendants, co-defendant E of the first instance trial, and F, and the Defendant used the retaining wall in planting trees on the upper part of the instant land (the upper part of the retaining wall of this case).

The Defendants and the co-defendant E and F of the first instance court illegally occupied the instant land, which is part of H land, and filed a land transfer lawsuit against the Plaintiffs under the Seoul Central District Court 2013Kahap563028, and on May 20, 2015 in the said lawsuit, “the Plaintiffs jointly held from January 1, 2015 to the date of the Plaintiffs’ possession or loss of possession of the instant land or the date of the Defendants and Co-Defendant E of the first instance trial and the first instance trial to the date of the loss of ownership of the said land by the date of the Defendants and Co-Defendant E and F’s loss of ownership of the said land, each month to Defendant G, J,89, Defendant D and F of the first instance trial to the Defendants, J, and the Co-Defendant E and F of the first instance trial, each of which was 24,89 won, Defendant D and F, each of

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