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(영문) 창원지방법원 2017.02.02 2016나56223

건물명도

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. In the first instance trial within the scope of this Court, the Plaintiffs, as the principal suit, filed a claim for delivery of one plastic house on the ground of each real estate listed in the separate sheet with the conditions of simultaneous performance attached to each real estate and the land listed in paragraph (1) of the attached list attached hereto, and the delivery of each of the above real estate and the removal of the above plastic house with the conditions of simultaneous performance attached thereto. The Defendant, as a counter-claim, either one of the total amount of KRW 16,850,000 among the purchase price of the above real estate, the purchase price of the accessory, the necessary expenses, and the beneficial expenses, and one of the 80,000,000 won, which is a part of the premium, and one of the total amount of KRW 55,00,000,000 and damages for delay.

The first instance court dismissed all of the plaintiffs' main claims, partly accepted the main claims, and partly accepted the defendant's main claims.

Both the plaintiffs and the defendant appealed. The plaintiffs sought to change the part concerning the main claim and the counterclaim in the judgment of the court of first instance in favor of the plaintiffs, and the defendant appealed as to the part concerning the main claim and counterclaim in the judgment of first instance against each defendant.

Therefore, among the judgment of the court of first instance, the scope of the judgment is limited to the part concerning the claim for main main claim within the scope of the plaintiffs' request for change, the part concerning the claim for main main claim within the cited scope, and the part concerning the counterclaim within the scope of the plaintiffs' request for change and

2. The reasons for the reasoning of the judgment of the court of first instance concerning this case are as follows: 3rd 7th 7th 3th 7th 7th 7th 7th 7th 7th 5th 7th 7th 7th 7th 7th "each entry in the evidence A No. 8, 10th 7th 7th 7th 5th 5th 7th 8th 8th 8th 8th 8th 3th 8th 8th 8th 8th 3th 8th 8th 8th 8th 3rd 5th 5th 5th "necessary.............. the defendant"