건물명도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. According to the evidence No. 1 of the judgment as to the cause of the claim No. 1, the Plaintiff may recognize the fact that the Plaintiff acquired ownership of the building listed in the separate sheet (hereinafter “instant building”) on April 1, 2014. Since there is no dispute over the fact that the Defendant occupied the instant building, the Defendant shall deliver the instant building to the Plaintiff, barring any special circumstance.
The Defendant asserted that the Defendant had legitimate authority to occupy the instant building, since the Defendant had been delegated by the lien holder E or F with the construction of the instant building but did not receive the construction cost. However, each of the entries in the evidence Nos. 1 and 2 alone is insufficient to deem E and F as the lien holder, and it is difficult to accept the Defendant’s assertion on the ground that there is no other evidence to acknowledge this.
2. If so, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is justified on the grounds of its conclusion, and the defendant's appeal is dismissed and it is so decided as per Disposition.