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(영문) 수원지방법원 2020.07.23 2019나78036
토지사용승낙 의사표시 등
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

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

Reasons

1. The reasoning for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the first instance, except for adding the following determination as to the Defendants’ assertion added in the court of first instance as to the instant case, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendants’ assertion as to the Defendants’ assertion added in the trial on the ground that the Defendants laid electricity lines and communication lines on the retaining wall, etc. in order to build a building on the land owned by them, and installed necessary facilities for construction and use of the building in the future. If the Plaintiffs recognized the Plaintiffs’ right to passage over surrounding land by removing stone embankments located in the instant I, it would cause enormous impediment to the Defendants’ exercise of ownership. However, in light of the images and descriptions of the evidence Nos. 24 through 27, it appears that the removal of stone embankments is sufficiently possible to the extent that it does not damage the existing electric lines, telecommunication lines, etc., even if necessary for construction and use of the building in the future, there is no specific assertion or proof as to the specific subject and scope of installation, methods of installation, and the conflict between the Plaintiffs’ right to passage over the land owned by the Defendants, and thus, it is sufficiently possible to install them within the extent that they do not interfere with the Plaintiffs’ right to passage over the land. Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the plaintiffs' claim of this case should be accepted with the reasons, and the judgment of the court of first instance is justified with this conclusion, and the defendants' appeal is dismissed in its entirety due to the lack of reasons. It is so decided as per Disposition.

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