건물인도등 청구의 소
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The plaintiff filed a claim for the delivery of each real estate listed in the separate sheet No. 1 and each accessory attached to the separate sheet No. 2 (hereinafter collectively referred to as "the building of this case") with the principal lawsuit, and the defendant filed a claim for the payment of KRW 400 million, as a claim for the repayment of unjust enrichment due to the invalidation or cancellation of a lease contract, or for the repayment of maintenance and repair costs of the building of this case due to the termination of a lease contract due to a counterclaim, and as a claim for the payment of KRW 400,000,000,000
However, the Plaintiff did not file an appeal against the judgment of the first instance court, and only the Defendant filed an appeal against the part of the counterclaim claim, which is the part against the Defendant in the judgment of the first instance.
Therefore, the subject of adjudication on the party shall be limited to the counterclaim part which is the part against the defendant among the judgment of the court of first instance, and the claim part which is the part against the plaintiff shall be excluded from the subject of adjudication on the party.
2. The reasoning of the Defendant’s assertion in the trial of the first instance while filing an appeal is not significantly different from that of the Defendant’s assertion in the first instance court, and even if both the evidence submitted in the first instance and the purport of the entire pleadings in the first instance and the first instance trial are examined, the judgment of the first instance court rejecting the Defendant’s assertion is justifiable.
Therefore, the court's explanation on the instant case is identical to the statement on the counterclaim among the grounds of the judgment of the court of first instance, except for the dismissal of some contents as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil
In the fifth second half of the judgment of the court of first instance, the building of this case is to be h and bath, in full view of each of the above evidence and the whole purport of the arguments in Gap evidence Nos. 4 and 5.