(영문) 광주지방법원 2015.06.17 2014나54058

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(영문) 광주지방법원 2015.06.17 2014나54058

건물철거 및 부동산인도

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1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. The reasons why this court shall explain are the same as the entry of the first instance judgment, except in the following cases: the third-party 21 to 43 of the judgment of the first instance is the same as the entry of the first instance judgment; therefore, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[M] The Defendants asserted that the Plaintiff did not pay the remainder to the third party on January 6, 2014, as the Plaintiff’s agent, on January 10, 2014, KRW 5 million out of the remainder of the rent of KRW 14 million, and on March 10, 2014, the remainder of KRW 9 million was agreed upon to extend the remainder of the payment period to be paid on or before March 2014. Accordingly, the Plaintiffs did not sell the instant land to the third party on January 6, 2014.

The defendants testified that the defendants did not pay the above five million won by the end of December 2013, even if the F extended the payment period of the remainder of the rent as stated in the evidence Nos. 1 and 2, and the result of the personal examination of the defendant C of the first instance trial on the defendant C of the first instance trial (the witness F of the first instance trial, F, and the defendant C of the remainder of the rent of five million won by the end of December 2013, and the remainder of nine million won by the end of February 2013. The defendants testified that the defendants did not pay the above five million won by the end of December 2013. Even if the F extended the payment period of the remainder of the rent by the end of December 2012 on behalf of the plaintiffs, the defendants did not pay the above five million won by the end of December 2012. Therefore, the defendants' assertion is without merit.

2. In conclusion, the plaintiffs' claims should be 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 defendants' appeals are dismissed. It is so decided as per Disposition.

참조조문

-민사소송법 제420조

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