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Reasons
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(영문) 서울고등법원 2015.10.27 2015나2016185
토지인도
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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The plaintiff's claim against the defendant within the scope of the judgment of this court

(a)bed;

The court of first instance has made each claim described in the claim. The court of first instance shall

(a) and (b)

Part of the claim stated in the claim is cited, and is called the claim.

The part of the claim stated in the paragraph shall be dismissed, and the purport of the claim shall be stated.

The court rendered a judgment in favor of the plaintiff that partly dismissed the part of the claim stated in the claim.

As to this, the plaintiff's claim is different from the part against which the plaintiff lost.

As to the part of the claim stated in the claim, the defendant shall claim the part against the defendant.

Of the claims stated in paragraph (1), each appeal was filed against the attached sheet Nos. 1, 6, 7, 157, 158, 159, 9, 10, 11, and 5 of the attached sheet Nos. 1, 1, 2, and 5 of the attached sheet Nos. 1, 1, 1, 4, and 5 of the attached list Nos. 5,

Therefore, the scope of the court's trial is different from the claim.

Part of the claim and purport of the claim.

Of the claims described in paragraph (4), the above part shall be limited to the claims related to the part.

2. The relevant part among the grounds for the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance shall be quoted for this judgment;

However, this Court shall add the judgment on the parties' arguments as follows.

3. Additional determination

A. 1) The plaintiff's assertion 1) among the real estate listed in the separate sheet No. 3, the court also connects 6,97, 13, 14, 14, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 157, 167, 147, 157.

) Ground obstacles (construction waste, earth and sand, aggregate, etc.) are not of economic value that can be the subject of compensation, and thus, the defendant can immediately seek the taking of this part of the obstacles and the delivery of the above land because the subject of compensation is not the subject of compensation or there is no amount of compensation. 2)

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