(영문) 수원지방법원 2017.01.26 2015나43926

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.01.26 2015나43926

건축물철거 등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The scope of this Court’s trial at the first instance trial against the Defendant and C as seen earlier, and the first instance court dismissed the Plaintiffs’ primary claim and rendered a judgment of the first instance court that accepted the conjunctive claim, and only the Defendant appealed against the conjunctive claim at the first instance trial. Accordingly, the scope of this Court’s trial is limited to the instant conjunctive claim.

2. The reasoning of the reasoning of the judgment of the first instance is as follows: (a) the court, which cited the reasoning of the judgment of the first instance, shall use the “2 December 22, 2010” of the 3rd judgment as “ around July 8, 2013,” and (b) other than adding the judgment of the 2nd judgment under paragraph (2), shall be as indicated in the corresponding part of the judgment of the first instance; and (c) thus, it shall be cited in accordance with the main sentence of Article 420

3. Determination on addition

A. The gist of the Defendant’s assertion argues to the effect that the Plaintiffs sold the instant land to I and J, and that C, the nominal owner of the instant structure, consented to the use of land on one parcel, other than the instant land, and that, as the Defendant, the actual owner of the instant structure, sold the instant structure to I and J, the Defendant removed the instant structure to the Plaintiffs, delivered the instant land, and is not obliged to return unjust enrichment due to the possession and use of the instant land.

B. Determination 1) The following facts do not conflict between the parties, or each of the descriptions described in Gap evidence Nos. 6, 7, 8, 9-1, 2, 3, 4, 5-1, 5-2, 5-1, 5-2, and 6, 7, 8, and 9-1, 5-2, respectively.

3. Matters not stated in this special agreement shall be governed by the provisions of the Civil Act concerning the contract and by the general practice of real estate trade.

4. The remainder date shall be the same as the owner moves from C to the defendant.

참조조문

-민법

-민사소송법 제420조

유사 판례

-서울고등법원 2017.03.24 2016나2060295

-서울중앙지방법원 2019.02.15 2018나9004

-창원지방법원 2014.12.24 2014나7487

-춘천지방법원 속초지원 2018.05.04 2016가단301297

-서울고등법원 2019.04.05 2018나2059695