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(영문) 서울남부지방법원 2018.07.27 2018나51537

건물명도

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except where the defendants added the judgment of Paragraph 2 as to the newly asserted matters in the trial of the court of first instance, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of

2. Additional determination

A. The Defendants asserted that the instant building was extended by KRW 200 million in 2015.

B. There is no evidence to deem that the Defendants spent KRW 200 million in the extension of the instant building.

Rather, on December 5, 2017, each of the attorneys of the Plaintiff and the Defendants stated that the Defendants paid KRW 20 million as extended construction cost on the fifth day of pleading of the first instance court, and no evidence exists that the confession was contrary to the truth and due to mistake (proviso of Article 288 of the Civil Procedure Act).

The above assertion by the Defendants is without merit.

3. As such, the conclusion of the first instance judgment is justifiable, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.