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(영문) 대구지방법원 2019.07.25 2018나321321

건물명도(인도)

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 judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and such reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The court of first instance held that the plaintiff paid the land of this case to the defendant for a marriage gift, but the plaintiff did not have a marital or de facto marital relationship with the defendant, and the defendant did not have any special reason for the defendant's argument as to the motive for the payment of the purchase price. The defendant's argument in the first instance court that the plaintiff paid the land of this case 47 million won to the defendant for the death of the defendant. However, although the plaintiff and the defendant did not have a marital or de facto marital relationship with the plaintiff, the plaintiff did not have a marital or de facto marital relationship with the defendant, the court of first instance did not have a de facto marital relationship with the plaintiff and the defendant for the death of the land of this case. The defendant's argument in the first instance court that the plaintiff paid the above purchase price to the defendant as a marriage gift is without merit. The plaintiff's argument in the first instance court that the plaintiff provided the land of this case to the defendant, which was in a marital relationship with the plaintiff as seen below."

On the fourth page of the judgment of the first instance, the term “weather building” in the second sentence is advanced into the ground as “building.”

3. Conclusion, the judgment of the court of first instance is justifiable, and the defendant's appeal is without merit.

The defendant's appeal is dismissed.