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(영문) 광주고등법원(전주) 2019.08.29 2018나11683
토지
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) except for the part on the claim for reinstatement withdrawn by this court (from 6th to 15th 10th am through 7th am through 10th am through 10th am), the reasons for the judgment of the court of first instance are the same as the reasons for the judgment, except for the dismissal or addition of the following: (b) so, they shall be quoted in accordance with the main sentence of Article

(원고의 항소 이유는 제1심에서의 주장과 크게 다르지 않다. 제1심 법원이 적법하게 채택하여 조사한 증거들에 의하면 제1심의 사실인정과 판단은 정당하다). ◎ 제1심 판결 2쪽 17행 중 ‘원고는’을 ‘원고의 부친 E는 원고로부터 동의를 받아 원고 명의로’로 고친다.

◎ 제1심 판결 3쪽 다.

Pursuant to paragraph 4

(d). (e);

subsection (1) of this section shall be as follows:

A person shall be appointed.

C. Meanwhile, on the other hand, the Defendant collected earth and sand on the instant land, which did not obtain permission to collect earth and sand, and on June 16, 2016, the Gunsan City ordered the Plaintiff, who was the owner of the instant land and the holder of permission to collect earth and stone, to restore the said part to its original state on the ground that the instant land was damaged without permission.

The Plaintiff did not comply with the order to restore the military market to its original state, and was charged with summary facts as the Gunsan Branch of the Jeonju District Court Decision 2017 High Court Decision 201Da1366, May 24, 2017, and was issued a summary order of KRW 10 million.

Accordingly, the Plaintiff filed an application for formal trial with Jeonju District Court 2017 Go-Ma194, and on April 25, 2018, the judgment below became final and conclusive on August 17, 2018, on the ground that “No. D, the actual operator of the Plaintiff’s attached E or the Defendant, collected earth and sand in the land outside the area for permission to collect earth and sand, and the evidence submitted by the prosecutor alone cannot be deemed to have proved that the Plaintiff had collected earth and sand.”

E. Meanwhile, the Plaintiff at its own expense after the expiration of the period for collecting earth and rocks on the corresponding part of land.

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