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(영문) 서울고등법원 2018.02.02 2017나28414

건물명도

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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 reasons for the court's explanation concerning this case are as follows: (a) deleted 4 and 5 of the first instance court's 4; (b) deleted 4 and 5 of the first instance court's 4; and (c) deleted 6's 6', 9', 18', 18', 18', 1; (c) "1; (d)" and "4,500,000 won for one month's 17's 5th 17th 5th 17th 17th ; and (e) "the former 5th 5th 5th 6th 5th 5th 5th 6th 5th 5th 6th 5th 6th 5th 6th 5th 6th 5th 6th 6th 5th 6th 6th 6th 5th 6th 6th 6th 6th 100

2. Determination of the attached articles

A. Even based on all the evidence submitted by the Defendants up to the trial, it is insufficient to view that the Defendants paid all the rent under the instant lease agreement. Therefore, the Defendants’ assertion on the grounds of appeal against this is rejected in entirety.

B. Meanwhile, the Defendants asserted in the trial that they suffered damages equivalent to the amount cited by the first instance court due to factory inundation because they failed to perform their repair duties properly at the trial. However, the Defendants already stated at the third day of the first instance trial that “the part of damages that the Defendants suffered due to flood was not separately asserted in this lawsuit because they had filed a lawsuit,” and in fact, the facts that the lawsuit was in progress under the jurisdiction of the Suwon District Court Decision 2017Gada19658 are significant in this court. The Defendants asserted as above and do not explicitly express the defense that they should offset the damages by their damage claim. Therefore, in this case, the validity of the above assertion is not determined.

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