beta
(영문) 서울중앙지방법원 2015.09.01 2014나50035

건물명도 등

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 reasons for the court's explanation concerning this case are stated in the reasoning of the judgment of the court of first instance, except where the defendant adds the following judgments as to the matters alleged in the trial of the court of first instance.

It is quoted by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Defendant asserted that the claim of KRW 70,464,00 against the Plaintiff was taken over from I, and that claim set off against the Defendant the claim of KRW 70,464,00 in return for unjust enrichment equivalent to the rent that the Plaintiff seeks in this case.

The plaintiff's claim for restitution of unjust enrichment was extinguished by set-off against the above claim that the plaintiff acquired.

B. According to the overall purport of the statement and arguments of Eul evidence Nos. 25 to 27, ① this court's 201da 41547 (principal lawsuit, consolidation), 201da 44154 (principal lawsuit, consolidation), 201da 2012Gada 223760 (Counterclaim), and "the plaintiff shall be 680,000,000 won and 20% interest rate of 20% per annum from October 1, 2007 to August 28, 2012; ② The defendant shall be sentenced to the defendant 209 Da 2981398 (No. 2098) decided on February 19, 2013; ② The defendant shall be sentenced to 30% of the amount of 20% interest rate of 20% per annum 30,981 (No. 2981) decided on August 19, 2013.