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(영문) 수원지방법원 2018.04.13 2017나58274
건물등철거
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

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

Reasons

1. In the first instance court, the Plaintiffs filed a claim for removal of buildings and delivery of land against the Defendants, and the first instance court partially accepted the Plaintiffs’ claim for return of unjust enrichment against the Defendants, and dismissed the remainder of the claim for return of unjust enrichment and the claim for removal of buildings and delivery of land.

In response, only the plaintiffs appealed against the removal of the building and the request for delivery of the land, so this Court's judgment is limited to the removal of the building and the request for delivery of the land.

2. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are identical to the part concerning the removal of buildings and the request for the delivery of land among the claims by the court of first instance. Even if the evidence duly adopted and examined by the court of first instance and the evidence submitted to this court are presented, the fact-finding and judgment of the court of first instance

The reasoning for this Court’s explanation is that the reasoning for the part concerning the claim for removal and delivery of land in the judgment of the court of first instance is stated, except for the rejection of the entries of Gap evidence Nos. 8-1 through 3, Gap evidence Nos. 9-1 through 3, and Gap evidence Nos. 10, which fall short of “the original acquisition of each building listed in the attached list,” which is the evidence additionally submitted by the court of first instance, and which is recognized by the court of first instance. Thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure

3. Therefore, the part of the judgment of the court of first instance concerning the plaintiffs' claim for removal of buildings and delivery of land against the defendants is justifiable. Thus, all appeals against the defendants are dismissed. It is so decided as per Disposition.

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