건물인도
1. Of the judgment of the first instance court, the delivery of the real estate indicated in the separate sheet to the Plaintiff as well as KRW 3,417,000.
1. The Plaintiff brought an action against the Defendants in the first instance trial to seek payment of money calculated by the ratio of KRW 765,00 per month from March 12, 2013 to the completion date of delivery of the building. On the fourth statutory date for pleading, the purport of the action to reduce the amount of money calculated by the ratio of KRW 765,00 per month from February 25, 2015 to February 765, 200 from February 25, 2015 to the completion date of delivery of the building is clear that the Plaintiff appealed against the judgment of the first instance court even if the Plaintiff was rendered a favorable judgment from the court of first instance.
However, an appeal can only be filed against a judgment unfavorable to himself/herself, and an appeal against a judgment that won the entire winning judgment is unlawful as there is no benefit.
As such, the Plaintiff’s appeal filed against the judgment of the first instance court that won the entire case (see, e.g., Supreme Court Decision 2007Da20235, Jul. 13, 2007) is unlawful as there is no benefit of appeal.
2. Determination as to the claim against Defendant C
A. The facts of recognition are the Plaintiff’s owner of the instant building; Defendant C occupied and used the instant building with Defendant B; Defendant B agreed on December 21, 2014 to deliver the instant building to the Plaintiff by February 24, 2015; Defendant C moved to Seoul Seongbuk-gu F and 302, July 9, 2015, prior to the closure of the pleadings in the first instance judgment, and completed the move-in report; and on the other hand, the monthly rent for the instant building is recognized as each of the grounds for 765,000 each in 2015 and 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 7 to 9 (including additional numbers), the result of the appraisal of rent by appraiser D of the first instance court, the purport of the whole pleadings
B. According to the above facts of recognition, Defendant C’s instant building owned by the Plaintiff from February 25, 2015 to July 8, 2015, for which the Plaintiff seeks.