건물명도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following contents, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. The Defendant’s argument that the first instance judgment of the first instance court was based on the judgment (Evidence A 7; hereinafter “instant waiver letter”) was written on the condition that C reimburses the Defendant of KRW 30 million.
Since C did not pay the above money to the Defendant, the waiver of this case is not valid, and the Defendant has the right to possess the portion of the building (A) as the lessee.
B. The defendant seems to have made the above assertion on the ground of another written rejection of waiver [other than those indicated in subparagraph 4 of B and at the bottom of subparagraph 4 of B, “(limited to the case where the payment was made to C for the expenses of KRW 30,000,000 for the car page)”, and the content and form of this case are identical].
However, inasmuch as it is confirmed that the Plaintiff had the original copy of the written waiver of this case without any such additional entry on the fourth day for pleading of the court, the above additional entry is highly likely to have been completed after the Defendant delivered the written waiver of this case to the Plaintiff, and thus, it cannot be believed that the statement No. 5 No. 4 was written, and there is no other evidence to deny the validity of the written waiver of this case, the Defendant’s assertion is without merit.
3. As such, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is just and the defendant's appeal is without merit. It is so decided as per Disposition.