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(영문) 대구고등법원 2020.01.31 2019나21911
건물명도(인도)
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

The first instance court rejected the Plaintiff’s claim for delivery of a building among the principal lawsuit, dismissed the Plaintiff’s claim for restitution of unjust enrichment equivalent to the rent for the remainder of the principal lawsuit, and dismissed the Defendant’s claim for restitution of lease deposit and the Defendant’s claim for purchase of accessories.

Since the defendant appealed only for the part of the claim for purchase of the accessories during the counterclaim, the scope of the judgment of this court is limited to the above accessory.

The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the judgment of the court as to the part concerning the claim for the purchase of accessories among counter-claims as stated in paragraph (3). Thus, this case is cited by the main sentence of Article 420 of the

The defendant's objective purpose of using the store of this case is a member of the Council, and it cannot be viewed that the facility of this case is a necessary facility only in the sexual surgery operated by the defendant, and it is not an object to promote the objective convenience of use of the store of this case.

The store of this case was originally equipped with basic facilities, such as water supply and drainage, toilets, electricity distribution lines, etc., with the consent of the Plaintiff after lease by the Defendant, and with the consent of the Plaintiff, the instant construction works were conducted, such as tent-type air-conditioning works, flooring works, water supply works, and partitions construction, including pipeline construction works.

Miscellaneous materials, etc. used for the installation of the instant facilities, which are installed by the Defendant, shall be included in facilities necessary for the objective of use by the Council members, such as system air conditioners, various doors, communications facilities, general facilities, and expendable materials, etc.

Power distribution teams, ice bars, strings, etc. established by the defendant are indispensable for not only members but also general commercial buildings, and are attached thereto.

Therefore, the defendant.

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