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(영문) 서울동부지방법원 2018.07.06 2017나29707
건물등철거
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing this part of the reasoning, is the same as the corresponding part of the judgment of the court of first instance, except for the following additional parts, and thus, shall be quoted in accordance with the main sentence of Article 420

[Additional Part] 3-4 of the judgment of the court of first instance added “or video” to the following parts.

The part 3 of the judgment of the court of first instance stating that the defendant's moving of the former part of the road of this case to the above (B) is not likely to adversely affect the neighboring residents' rights, such as the right to view that they had already enjoyed, or cause new inconvenience. Thus, the defendant's moving of the former part of this case to the former part of the road of this case could not be deemed to unfairly restrict the plaintiffs' ownership. However, the separate moving of the plaintiffs' assertion that the former part of the road of this case could not be deemed to be the same as the "communication installed by the defendant," rather than the "power installed by the defendant," and it cannot be deemed that the neighboring residents feel in terms of danger, etc., so the plaintiffs' assertion cannot be accepted as it is, and the plaintiffs' moving of the former part of the road of this case to the former part of the building of this case to the former part of the previous part of the building of this case cannot be seen to have been able to bring about the new parking lot of this case to the former part of this case.

2. Conclusion, the first instance judgment is justifiable.

All appeals filed by the plaintiffs are dismissed for lack of reason.

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