beta
(영문) 서울서부지방법원 2017.04.27 2016나3571

건물명도등

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) regarding the main claim and counterclaim are dismissed.

2. The costs of appeal are the principal lawsuit.

Reasons

1. The reasons for the court's explanation of this case are as follows: "the judgment on the counterclaim of 2.2" in Part 3 of the judgment of the court of first instance No. 5 is dismissed as "the judgment on the counterclaim of 2.2. The defendant's defense and counterclaim of 3.2." The statement of No. 15 in the evidence No. 12, 14, and 15 is insufficient to recognize the defendants' above assertion." The evidence No. 5, 7 through 16, 24 of Part 3 is "Evidence No. 5, 7 through 10, 16, 24 of the judgment of the court of first instance", "No. 3.17 and No. 18 of the judgment of the court of first instance as "the judgment on the counterclaim of 2.1.2.2.4 billion won", and each of the above evidence No. 12, 200, 200, 2000 won and 24.201.20.

2. In conclusion, the plaintiff's main claim is justified, and all of the counter-claim claims of the defendants are dismissed. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal is dismissed. In the judgment of the court of first instance, "the defendant-Counterclaim plaintiff" in Paragraph 1 of the judgment of the court of first instance is clearly omitted, and it is obvious that "the plaintiff-Counterclaim plaintiff" is not jointly "the following", it is corrected as added. It is so decided as per Disposition.