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(영문) 서울중앙지방법원 2018.08.22 2018나8902

건물인도

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 Plaintiff cited the scope of this Court’s adjudication and the judgment of the first instance court on October 31, 2016 filed a claim for payment of KRW 168,700, which the Defendant had not been paid, from January 31, 2017 to the date the delivery of the real estate was completed, on the following grounds: (i) indication of drawings among the buildings listed in the separate sheet subject to the lease upon the termination of the lease agreement between the Plaintiff and the Defendant; (ii), (iii), (iv), (v), (vi), delivery of 45.75 square meters inboard; (ii) the unpaid portion calculated from January 31, 2017 to the date the delivery of the real estate was completed; and (iii) the unpaid portion of the Plaintiff’s claim against the Defendant; and (iv) the remainder of the claim was dismissed. The Plaintiff filed an incidental appeal against the judgment of the first instance court on the date of pleading; and (iii) revoked the Plaintiff’s claim for payment of the real estate from January 1, 2017 to 2017.

Therefore, the scope of this court's adjudication is limited to the part ordering payment in excess of the above part among the two claims against the plaintiff against the defendant. Accordingly, this court's judgment is identical to the reasons for the judgment of the first instance court, and therefore, it is acceptable in accordance with Article 420 of the

2. The decision of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.