beta
(영문) 창원지방법원 2018.05.10 2017나56138

건물명도

Text

1. The part against the defendant ordering the removal of structures among the judgment of the court of first instance shall be revoked, and the revoked part shall be revoked.

Reasons

1. The grounds for the court’s entry of the facts and the grounds for this part of the allegations by the parties are the same as the corresponding part of the judgment of the first instance except for the addition or replacement as follows. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From August 27, 2012, "B" from August 28, 2012, 2012, "C" in Part 2 of the Decision 1.1. Basic Facts in Part 2 of the Decision 1.1.

Part V of the decision of the first instance court shall add the following:

“In addition, at the time of the lease of the instant store by the Defendant, the instant store was completed according to the present shape, and there was no fact that the Defendant made the wall or entrance of the instant store, and there is no obligation of the Defendant to remove the instant store.”

2. The reasoning for the court’s determination on the part of the request for extradition is as follows, and the reasoning for the judgment of the court of first instance is as stated in Paragraph 3 of Article 420 of the Civil Procedure Act. Thus, this is cited by the main text of Article 420 of the Civil Procedure

Part 5 of the fifth decision of the first instance shall add the following:

In addition, the defendant asserts that the plaintiff received rent of 4 million won raised from the defendant on or after July 2016 and ratified the lease contract of this case. However, the evidence submitted by the defendant, such as the evidence Nos. 5 and 16 (including each number), is insufficient to recognize it, and there is no other evidence to recognize it, and this part of the defendant's assertion is without merit. The defendant's assertion of No. 4, 5, 8, and 10 "No. 4, 8, and 10" in No. 6 of the first instance court's ruling No. 6 of "No. 4, 5, 8, 10, 12, 14, and 15."

The reasoning of the judgment of the first instance is the same as that of the judgment.

An appeal (Nos. 17-19, Nos. 1 and 2 of the first instance judgment) shall be made as follows:

Article 16 of the Act on the Ownership and Management of Condominium Buildings (Management of Section for Common Use).