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(영문) 서울고등법원(춘천) 2016.11.23 2016나801

건물명도

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reason why our court should explain this case is that "the requirements for existence" of the first instance court No. 4 of the first instance court's decision No. 3 is "the requirements for existence", and the addition of the following Paragraph 2 is the same as the part of the reasons for the first instance court's decision, and thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(3) Although the Plaintiff asserts that the lien was extinguished by possessing each of the instant real estate with the intention to own it after the commencement of possession, and that the lien was breached his duty of care as a lien holder, it is insufficient to recognize the Plaintiff’s above assertion due to the Plaintiff’s proof of evidence, including Gap evidence No. 12, Gap evidence No. 13-1, No. 13-2, Gap evidence No. 14-1, No. 15, Gap evidence No. 16-1, No. 16-2, and No. 17 through No. 20, and No. 17 through No. 20, the Plaintiff’s assertion that the Plaintiff’s use of the instant real estate and the instant building was not approved on February 22, 2008, since the Plaintiff’s assertion that the Plaintiff’s use of the instant real estate and the instant building had not been approved prior to the completion of each of the construction submission of the instant comprehensive subcontract order by taking account of the following reasons: the Plaintiff’s use approval of each of the instant real estate and the instant building cannot be acknowledged.

The defendant B is the Corporation of this case.