건물명도
The Defendant-Counterclaim Plaintiff’s appeal is dismissed.
Expenses for appeal shall be borne by the Defendant (Counterclaim Plaintiff).
purport, purport, and.
In the first instance court, the plaintiff sought delivery of a building following the termination of a lease agreement, unjust enrichment equivalent to overdue rent and rent, and monetary payment such as public charges to be paid by the defendant under a lease agreement.
The Defendant, as a counterclaim, revoked the lease agreement entered into with the Plaintiff on the ground of fraud or mistake, and sought a refund of the amount equivalent to the lease deposit to the Plaintiff on the ground of restitution of damages or unjust enrichment arising from the tort, as the preliminary restitution following the termination of the lease agreement.
The first instance court fully accepted the Plaintiff’s claim for delivery of a building following the termination of a lease agreement, partly accepted a claim for payment of money, such as overdue rent and unjust enrichment equivalent to rents, and all of the Defendant’s claim for counterclaim was dismissed.
Accordingly, only the Defendant appealed and did not appeal the part on the claim for delivery of a building among the parts on the principal lawsuit, so the above part on the principal lawsuit in the judgment of the first instance was excluded from the scope of the judgment of this court.
(2) On July 2, 2020, the Defendant’s legal representative stated that he voluntarily withdraws an appeal under Paragraph (3) of the purport of appeal seeking the rejection of the Plaintiff’s claim on the date of pleading on July 2, 2020. However, according to the written withdrawal of the part of appeal as of June 30, 2020, it is reasonable to interpret that only withdraws an appeal against the part on the delivery of a building among the claims for appeal. The Defendant’s grounds for appeal citing the judgment of the first instance are not significantly different from the allegations in the first instance court, and even if the evidence submitted by the first instance court is produced, the fact-finding and judgment of the first instance court can be
Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added or emphasized the argument that the court added or emphasized, as follows.