건물명도(인도)
1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
In the first instance court within the scope of the judgment of this court, the Plaintiff filed a claim against the Defendant as the principal suit for the withdrawal from the real estate listed in the separate sheet (hereinafter “instant real estate”) and the return of unjust enrichment equivalent to the profits from the use of the instant real estate. The Defendant filed a claim for the cancellation of ownership transfer registration under the name of the Defendant, which was established on the instant real estate as a counterclaim, for the execution of the procedure for cancellation of ownership transfer registration,
Since then, the first instance court accepted only the part of the defendant's counterclaim claim, and dismissed both the plaintiff's principal lawsuit claim and the defendant's remaining counterclaim claim.
Therefore, since only the plaintiff appealed, only the plaintiff's principal lawsuit and the defendant's counterclaim claim for cancellation of ownership transfer registration are included in the scope of the judgment of this court.
The grounds for appeal as to the plaintiff's principal lawsuit and counterclaim by the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows additional evidence submitted in this court, the fact-finding and judgment by the court of first instance as to the plaintiff's principal lawsuit and the part concerning the claim for cancellation of ownership transfer registration among the defendant's counterclaim claims are justified.
The reasoning of the judgment of this court is the same as that of the judgment of the court of first instance, and thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.