건물명도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.
2. The parts to be dried shall have been dried up to 3 pages 3, 16, 4, and 6 of the first instance judgment as follows.
“(3) The Defendant asserts that the payment of expenses for relocation of business facilities and relocation of housing by the Defendant, a tenant, should be prior to the payment of the Plaintiff’s garment retail business facilities. However, the following circumstances acknowledged by the evidence No. 12, No. 12, No. 13, and the overall purport of the film and pleading No. 13 (including the virtual number), i.e., the Defendant asserted that the Defendant runs a clothing retail business with the trade name “F” from the instant real estate, but the location of the place of business indicated in the business registration certificate submitted by the Defendant is separate from the instant real estate. However, considering the photographs of the instant real estate, the Defendant does not seem to have operated the clothing retail business up to the present real estate. The Defendant’s claim for compensation for relocation expenses by the tenant, which is the character of the amount paid in the social security level for the tenants of the residential building, cannot be seen as having been in a preferential performance relationship than the obligation of delivery of the real estate, and there is no evidence to acknowledge it otherwise in a concurrent performance relationship (see, e.g., Supreme Court Decision 2007Da1314.
3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit.