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(영문) 서울중앙지방법원 2020.12.11 2019나51880

건물명도 등 청구의 소

Text

All appeals by the defendant against the plaintiffs are dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance is ordered.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is that "12% per annum prescribed in the Special Act on the Aggravated Punishment, etc." of the third-party 16 shall be "12% per annum prescribed in the Special Act on the Aggravated Punishment," and the reasoning of the judgment of the court of first instance is the same as that of the court of first instance except for the defendant's additional determination as to the argument that the defendant emphasizes in the court of first instance as set forth in the following paragraph 2.

2. In addition, the defendant asserts that the plaintiffs interfered with the defendant's prohibition of receiving the premium, so the testimony of the witness F, which seems consistent with this, is hard to believe in light of the contents of the testimony that the above witness did not meet the plaintiffs or present at once, and the testimony that the defendant would not pay the premium if he knew that the above witness did not have any business to the extent that he could not pay the rent, and that he would not have any business transfer or take over the premium. The statement of the evidence No. 7 is merely the fact that the defendant stated in the evidence No. 5 and No. 6, and it is insufficient to recognize it only by the statement or voice of the evidence No. 5 and No. 6, and there is no other evidence to acknowledge it, the above argument by the defendant is not acceptable.

3. As such, the judgment of the court of first instance is justifiable, and the defendant's appeal against it is dismissed as it is without merit. Since it is obvious that "the plaintiff" under Paragraph (2) of the order of the court of first instance is a clerical error in the phrase "the plaintiff", the decision of the court of first instance is delivered to the plaintiffs, and the decision is delivered with the order of Paragraph (2) of the court of first instance as "the defendant Eul delivers the real estate indicated in the separate sheet to the plaintiffs, and pays the money calculated at the rate of KRW 14,30,000 per month from May 1, 2018