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(영문) 서울중앙지방법원 2017.08.11 2016나79290

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 Plaintiff sought reimbursement of the rent or unjust enrichment equivalent to the rent from May 31, 2014 to May 31, 2014, for the restoration of the leased building to its original state, and from May 31, 2014, the first instance court dismissed the lawsuit on the claim for restoration to its original state, and accepted the claim for the rent from August 31, 2014 to November 7, 2014, and dismissed the remainder of the claim for rent and unjust enrichment.

Accordingly, since only the Defendant appealed against the cited portion of the first instance judgment, the subject of the first instance judgment is limited to the claim for delivery of the leased building and the cited rent claim.

2. The quoted trial of the first instance court was examined closely by the parties’ allegations and the evidence presented at the first instance court and the first instance court, but it does not seem that there was any error in the fact-finding and judgment of the first instance court.

Therefore, the reason for the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the part of the court of first instance (including the deleted part) using it as follows. Therefore, it is acceptable to accept it as it is by the main text of Article 420 of the Civil Procedure Act.

The third to fourth to fourth shall be deleted from the judgment of the first instance.

"3. Judgment on the delivery of the leased building of this case and on the claim for payment of money" in the fourth 3th decision of the court of first instance shall be made "2. Party's assertion and judgment".

The fourth 9th written judgment of the first instance court " from April 31 to May 1, 200 shall be applied " from May 1 to".

The evidence submitted by the defendant in the fourth page 21 of the judgment of the court of first instance shall be written with "each description and image of the evidence (including each number in case of a serial number) in Eul 1 through 7."

On the 6th of the judgment of the first instance court, the "date of pronouncement" in the 21st of the judgment shall be applied to "date of pronouncement of the judgment of the first instance court".

Part VII through six of the judgment of the first instance court shall be deleted.

3. In conclusion, the plaintiff's claim (excluding the part of the claim for restoration to the original state) is justified within the scope of the above recognition and remains.