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(영문) 춘천지방법원 2015.07.24 2014나4631
토지인도등
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The plaintiffs primarily sought removal of the buildings listed in the separate sheet (hereinafter referred to as the "building of this case") and delivery of the land to Defendant D and sought removal of the building of this case to the co-defendants of the first instance court who succeeded to the building of this case, including the Defendants, in accordance with their respective inheritance shares. The first instance court determined that the co-defendants of both Defendant E and the first instance court, including Defendant D, are liable to remove the building of this case and deliver the site to the plaintiffs according to their respective inheritance shares. The court dismissed all of the plaintiffs' primary claims and declared that all of the conjunctive claims are accepted.

As to this, Defendant D and E appealed only to the part against which they lost, the scope of this Court’s trial is limited to the conjunctive claim against the Defendants.

2. The reasoning of the court of first instance for the acceptance of the judgment is as follows: (a) the part concerning the primary claim among the grounds of the judgment of the court of first instance (from the 3rd to the 4th 2nd th th th th th th th th th th th th th th th th th th th th th th th th th th th to the th th th th th th th th th th th th th th th th th th) and the part concerning the determination of the claim of the co-defendant of the court of first instance (from the 5th to the 15th th th th th th th th th th th th th th th th)

3. In conclusion, the plaintiffs' preliminary claim should be accepted on the grounds of its reasoning. The judgment of the court of first instance which accepted the plaintiffs' preliminary claim against the defendants is justified on the grounds of this conclusion. Thus, the defendants' appeal is dismissed on the grounds of its reasoning, and it is so decided as per Disposition.

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