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(영문) 서울중앙지방법원 2017.09.07 2016나65277
건물등철거
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited the part on the assertion of abuse of rights between the 6th and 7th 11th tier of the judgment of the court of first instance, except where the judgment of abuse of rights between the 13th 6th 13 and 11th tier of the judgment of the court of first instance was accepted as it is stated in the judgment of the court

2. Parts in height:

B. 1) The Defendant asserts that the Plaintiffs’ claim for removal of the instant building located in (a) and (b) part of the instant land and for delivery of the said part of the instant land constitutes an abuse of rights and thus cannot be permitted. 2) If the exercise of the right is a subjective element of causing pain to the other party and causing damage to the other party, and there is no benefit to the other party, and if it can be objectively deemed that such exercise of the right is in violation of social order, the exercise of the right is not allowed as an abuse of rights, and the subjective requirement that the exercise of the right is for causing pain or damage to the other party can be confirmed by objective circumstances, which show that the exercise of the right is due to the exercise of the right holder’s exercise of rights

(3) In full view of the following circumstances, the defendant used the building of this case without any change in the present situation, including renovation, for more than 40 years after he acquired the ownership of the building of this case on December 18, 1973.

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