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(영문) 서울북부지방법원 2017.04.12 2016나5700

건물명도

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for modification or supplement as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts of correction and supplement;

A. Part 19 of the second part of the judgment of the court of first instance states, “The plaintiff refused to repair the building of this case, even though malodor was severe and demanded the plaintiff to repair the building of this case,” “The plaintiff who is required to identify and correct the cause and condition of malodor as a lessor so that the tenant may not understand the cause and condition of malodor, and to allow the defendant to perform funeral service by making corrections, and to see some malodor by using a septic tank circulation device for his own benefit and purpose.”

B. Part 5 of Part 3 of the judgment of the first instance and Part 5 "and, after inserting the following, the defendant's assertion that the plaintiff operated a purification tank's circular device for any intention or purpose, thereby putting malodor into the defendant's store without any evidence to acknowledge it."

3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed.