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(영문) 서울고등법원 2014.12.04 2014나2007306

토지인도

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the supplement of the judgment under paragraph (2) below, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the

2. Supplementary to the judgment, the Plaintiff asserted that the Defendant used the instant real estate owned by the Plaintiff as a passage to operate the Defendant’s open site until the closure of the Defendant’s open site business even after the termination of the instant lease agreement with the Plaintiff. However, even if all the evidence submitted by the Plaintiff in the first instance trial were added to the fact-finding results on the high-sea market at the trial, it is insufficient to accept the Plaintiff’s allegation as above.

3. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.