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(영문) 울산지방법원 2018.05.17 2017나2632
건물명도
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 court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except in the following cases. Thus, the court’s explanation as to this case is citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's assertion

A. On December 10, 2008, the defendant's wife C entered into a lease agreement with the plaintiff's mother D, the former owner of the building of this case, and paid the lease deposit with the amount of KRW 25 million. Since C dies thereafter and the defendant occupies the building as C's heir, the defendant cannot deliver the building of this case from the plaintiff's mother until the refund of the lease deposit is made.

B. The evidence No. 1 cannot be used as evidence for the lack of evidence to acknowledge the authenticity of the evidence, and it is insufficient to recognize that C entered into a lease agreement with D on the instant building and paid a lease deposit to D solely with the statement of evidence No. 3. The defendant's assertion is without merit, since there is no evidence to acknowledge otherwise.

A person shall be appointed.

2. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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