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(영문) 서울중앙지방법원 2017.10.18 2016나73896
건물명도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and each of the evidence submitted to the court of first instance is deemed legitimate in view of the fact-finding and judgment by the court of first instance, even if this court submitted each of the evidence No. 2-1 or No. 2-5.

Accordingly, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with the main sentence of Article 420 of the Civil Procedure

2. If so, the defendants are jointly and severally liable to pay to the plaintiff 59,770,700 won and damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 25, 2016 to the day of delivery of a copy of the application for modification of the purport of the claim of this case and the cause of the claim, as requested by the plaintiff, after the due date of payment delay, the defendants are jointly and severally liable to pay to the plaintiff 59,770,700 won, and the part concerning the counterclaim of the judgment of the court of first instance concerning the claim of this case concerning the defendant 2 is just, and thus, the appeal against the defendant 2 is dismissed. The judgment of the court of first instance concerning the above part concerning the claim of this case concerning the defendant 1 cannot be dismissed, since it is not justified as the judgment of the court of first instance concerning the defendant 30,000 won and the part concerning the claim of this case concerning the defendant 31 cannot be dismissed.

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