건물명도(인도)
1. The plaintiff's appeal against the defendants and the claims added by this court are all dismissed.
2. Appeal costs and interest.
1. The plaintiff's grounds for appeal citing the judgment of the court of first instance (excluding the addition of Paragraph 2 below) are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are deemed legitimate in light of the evidence submitted in the court of first instance.
Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance, except for adding the judgment under the following paragraph (2).
2. The addition;
A. The Plaintiff’s assertion is not the subject matter of the instant sales contract.
Therefore, Defendant B is obligated to deliver the instant stable to the Plaintiff, who is the owner of the instant stable, and Defendant C is obligated to withdraw from the instant stable.
B. 1) As long as the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the declaration of intent according to the content of the document unless there is any reflective proof, and shall not reject it without any reasonable explanation. However, even if a disposal document is a disposal document, if it is recognized that there is an express or implied agreement different from the content of the document, it may recognize facts different from the content of the statement, and in interpreting a legal act of the originator, it may be freely determined by free conviction to the extent that it does not violate the empirical rules and logical rules (see, e.g., Supreme Court Decisions 2005Da34643, Apr. 13, 2006; 2006Da27055, Sept. 14, 2006).
① However, on February 5, 2015, Defendant B, the wife of Defendant C, entered into the instant lease agreement with Defendant C on the condition that he/she would rent the instant land and the instant livestock shed, namely, KRW 3,378 square meters, and the instant livestock shed. Defendant C is engaged in the instant livestock shed from around that time.