(영문) 서울중앙지방법원 2019.04.23 2018나39715
건물명도(인도)
Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff shall seek delivery of the real estate indicated in attached Form “the indication of real estate” to the Defendant, the possessor of the real estate.
However, there is no dispute between the parties that the plaintiff is not the owner of the above real estate, so the plaintiff's claim is without merit.
The judgment of the first instance court is unfair on the contrary of its conclusion, and thus, it is reasonable to revoke it and dismiss the plaintiff's request.