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(영문) 서울고등법원 2015.05.28 2015나2009286

임차권부존재확인 등

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. In the first instance court, the Plaintiff claimed confirmation of the absence of the right of lease and damages against the Defendant. The first instance court rejected the claim for confirmation of the absence of the right of lease and partly accepted the claim for damages.

Since the defendant appealed against this, the subject of the judgment of this court is limited to the claim for damages.

2. The reasoning of the court’s explanation concerning this case is as follows: “1. Recognition” and “3. Determination on the claim for damages against Defendant C” are as stated in the reasoning of the judgment of the court of first instance; therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

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