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(영문) 서울남부지방법원 2016.07.15 2016나52024

건물명도

Text

1. The defendant (Counterclaim plaintiff)'s appeal and counterclaim are dismissed.

2. Costs of appeal, and those resulting from a counterclaim;

Reasons

The reasoning for the court's explanation of this case is as follows, except for adding a judgment on the counterclaim claim filed in the trial of the court of first instance, and therefore, it is consistent with the reasoning for the judgment of the court of first instance.

2. The defendant alleged that he had the right to return the security deposit for facilities against the plaintiff, and that he had the right to claim the return of the security deposit for facilities from the first instance trial to the court of first instance, and that he had the right to claim the payment of the above amount as a counter-claim.

However, as determined in the part of the main claim, the amount of money claimed by the defendant is not a deposit but a premium, and the claim for return was extinguished due to the reasons attributable to the defendant.

As such, the defendant's above argument is therefore groundless.

3. If so, the judgment of the court of first instance which partially accepted the plaintiff's main claim is just, and since the defendant's counterclaim raised in the court of first instance is not justified, all of the defendant's appeal and counterclaim claims are dismissed. It is so decided as per Disposition.