건물인도등
1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
The defendant shall list attached Form to the plaintiff.
1. The scope of the judgment of this court is recognized to be lawful in a lawsuit involving intervention by an independent party pursuant to Article 79 of the Civil Procedure Act, and when rendering a judgment on the merits of the lawsuit between the plaintiff, defendant, and the independent party intervenor, a final judgment shall be rendered in the name of the said three parties, and a single final judgment shall be rendered in the name of the said three parties. In the event one party appeals against the judgment on the merits, the final judgment of the first instance shall be interrupted, and the entire case shall take effect.
In such cases, the subject of the appellate court's judgment shall be limited to the scope of objection expressed in the purport of appeal by the person who filed the actual appeal, but the scope of the judgment should be determined by considering the necessity of the conclusion of the conclusion between the three parties
(See Supreme Court Decision 2009Da71312, 71329, 71329, 71336, 71343 Decided November 13, 2014). The first instance court rendered a judgment that accepted the Plaintiff’s claim and dismissed all the claims of an independent party intervenor (hereinafter “participating”), and only the Intervenor appealed against the said judgment.
Therefore, the scope of the court's trial is the part of the intervenor's claim, and the plaintiff's claim against the defendant is also subject to the court's trial to the extent that it is recognized as necessary to confirm.
2. Facts of recognition;
A. On June 4, 2010, the Intervenor entered into a lease contract with the lease deposit of KRW 30,000,000, monthly rent of KRW 90,000 with respect to the lease deposit of KRW 30,000 from July 3, 2010 to July 2, 2012 with respect to the third floor of KRW 145.96 square meters, among the real estate listed in the attached list E and the attached list, and operated a personal inspection of “F company” in the above building.
B. On October 13, 2014, the Intervenor has a lease term as to (a) part (a) part on the ship connecting each point of the items in the attachment No. 1, 2, 3, 4, and 1 among the real estate listed in the attachment No. 500, Oct. 13, 2014.