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(영문) 대구고등법원 2016.12.22 2016나22692

퇴거및철거등

Text

1. The plaintiff's appeal against the defendants and the plaintiff's appeal extended or added at the trial court against the defendant B.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for modification of some of the judgment of the court of first instance or addition of the judgment of the court of first instance, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with the main sentence of Article 420

Parts 5, 10 to 12, the part of “g.” in paragraphs 10 to 12 is as follows:

G. The Plaintiff, U, and V were transferred to a bank account in the name of U upon request from U U from January 201 to June 2013, 201, and for the same reason, the Plaintiff, U, and U.S. permanent residents of the United States, who mainly stay in the United States. (ii) The Plaintiff was transferred monthly rent under the instant lease agreement to his own bank account (business account) up to December 2010.

3) However, around March 22, 2014 through April 3, 2014, V had concerns over the transfer of the Plaintiff’s rent under his/her own name, and the Plaintiff subsequently requested V to withhold the aforementioned method of payment of rent, etc., and V sent it to Defendant B. Upon such request by the Plaintiff, Defendant B withheld the payment of rent from November 2013. Meanwhile, on the other hand, the Plaintiff opened a new bank account under the Plaintiff’s name on August 1, 2014, and deposited the passbook (the instant deposit passbook) with V on August 1, 2014.

On the 7th page 4, the “Witness V” of the first instance trial is regarded as “V of the first instance trial.”

Under the 7th page, the court “this court” in the 4th sentence shall be “from the first instance trial.”

The following shall be added to Chapter 8, Chapter 3, the following:

In addition, the rental fee is paid under Article 5 of the instant lease contract.