건물명도
1. All appeals by the Defendants are dismissed.
2. Judgment of the court of first instance No. 1 D.
“Defendant.....” in its first head
The court's explanation about this case is identical to the reasoning of the judgment of the court of first instance, except for the following changes, thereby admitting it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The "264.48 square meters" in the part of 3 pages of the changed part shall be deemed to be "268.48 square meters".
The term "(including value-added tax)" shall be added respectively to the 3rd parallel and nine parallel horses.
Each "registration of a building ledger" shall be raised from 13 parallels and 5 bottoms into "building ledger".
From the third to the date of the closing of argument in this case, the term “from the fourth to the date of the closing of argument in this case” was read as “within the time of the closing of argument in the first instance court (the store in this case was ordered by provisional execution after the judgment of the first instance court).”
7 The following shall be added to the 7th parallel below:
“The Defendant asserts that the Plaintiff was unable to use the instant store normally due to the Plaintiff’s failure to take necessary measures, despite the occurrence of serious leakage in the instant building. The Defendant’s assertion that the Plaintiff was unable to use the instant store normally. According to each image of the evidence No. 4-1 through No. 7, the fact that the Plaintiff was temporarily entitled to use the instant store is recognized. However, considering the type and degree of leakage acknowledged by the foregoing evidence, it is difficult to deem that the Defendants were unable to use the instant store properly, and there is no other evidence to acknowledge it [The above evidence and each description No. 5 through No. 8 of the evidence No. 1-8], according to each of the above evidence and evidence No. 1-5 to E-mail and content-certified mail, Defendant B raised several issues, such as contract modification (re-preparation), parking, garbage, toilet cleaning, and heating by mail, but did not mention the Plaintiff as to water leakage issues, and it appears that the Plaintiff was conducting business without any particular problems even after the instant store]. Accordingly, the judgment of the first instance judgment is dismissed.