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(영문) 광주지방법원 2016.11.04 2016나3375

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary note 1-1 of the judgment of the court of first instance] No. 2 of the judgment of the court of second instance shall be written with "No. 1-1, No. 2-1, No. 4-5, No. 6-3, and No. 7" of the judgment of the court of first instance.

The "Defendants" in the second part of the judgment of the court of first instance shall be raised to "Defendants".

[Supplementary Parts] Part II of the judgment of the court of first instance shall add each of the following contents to "the obligation has" in Part VII of the judgment of the court of first instance:

“. Meanwhile, the Plaintiff is obligated to leave the building of this case based on the judgment of the first instance court of the provisional execution sentence, and removed the building of this case, and thus, the Defendant’s appeal is groundless. However, even if the Plaintiff removed the building of this case based on the judgment of the first instance court of the provisional execution sentence and removed the building of this case, this is not only the purpose of provisional execution, but also the Plaintiff, the obligee, after the execution of the above provisional execution, actually dealt with the part of the above provisional execution. Therefore, the court below added the witness of the first instance court in front of the judgment of the second instance of the second instance of the judgment of the first instance of “(see, e.g., Supreme Court Decision 2007Da29515, Oct. 25, 2007).”

2. If so, the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so ordered as per Disposition.