beta
(영문) 서울동부지방법원 2020.11.25 2018나30940

건물등철거

Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, given that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court

2. In addition, “Evidence A No. 13 and No. 6” shall be added to the part of the evidence recorded between 6 and 7 parallels in the judgment of the court of first instance.

From February 17 to 18, 2001, the court of first instance held that “(b) the Plaintiff completed the registration of transfer of ownership for each of the above real estate” was that “B. The Plaintiff purchased each of G units entered in P on March 5, 201, and 1/2 shares in L units entered in P from the Defendant C on the same day, and completed the registration of transfer of ownership for each of the above real estate on June 11, 2001.”

In the second 19th 19th 19th 2th 19 judgment, “Around the date and time specified in the preceding b.” was “Around March 5, 2001, the Plaintiff purchased each real estate listed in the preceding b.”

"The rent of 200,000 won per month" in the three-dimensional two cases of the judgment of the first instance shall be added "from June 30, 2001 to June 30, 2003".

The evidence of the fourth 12th Circuit in the first instance judgment added "A evidence 14 and Eul evidence 7-1 to 3" to "the testimony of witnessO", and "the testimony of witnessO" to "each testimony of witnessO of the first instance trial and witness Q of the first instance trial."

The following shall be added to the 5th 14th 14th 14th 14th 14th 201.

No. 14) The plaintiff argues that the plaintiff submitted to the court of first instance on May 24, 2001 that the lease contract (No. 9) by the plaintiff was false, and that the contract with M was concluded with the plaintiff as the purchaser after the conclusion of the contract of this case. However, the plaintiff stated that the cash custody certificate (No. 14) delivered by the defendant B on April 27, 2002, which was the date of the contract of this case, or the receipt (No. 7 No. 1) prepared by the plaintiff, as the sales contract of this case, is the sales contract for commercial buildings L, which is already being operated by the plaintiff on May 24, 2001.