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(영문) 인천지방법원 2017.11.30 2016나63203
건물등철거
Text

1. The defendant's appeal against the plaintiff B is dismissed.

2.The first instance court, upon a request for change in exchange at the time of trial.

Reasons

1. The defendant's judgment on the legal costs of appeal against the plaintiff B is not independent appeal against the judgment on the legal costs of appeal against the plaintiff B, and it is only possible to file an appeal with the final judgment on the merits (Articles 391 and 390 of the Civil Procedure Act). Any objection against the judgment on the legal costs of appeal against the plaintiff B is permitted in cases where the whole or part of the appeal against the judgment on the merits is well-grounded, and it

(see, e.g., Supreme Court Decision 98Da22048, Sept. 8, 1998). With respect to this case's claim against the defendant of the plaintiff B, the defendant appealed only against the judgment of the court of first instance as to the costs of lawsuit in relation to the claim against the plaintiff B, and the defendant's appeal against the plaintiff B, which was filed only for the costs of lawsuit without filing

2. Judgment on the defendant's appeal against the plaintiff A

A. On September 9, 2014, Plaintiff A entered into a lease agreement with G, who is the Defendant’s internal director, with the terms that the forest of this case is leased KRW 12,00,000, KRW 1,200,000 per month, and KRW 1,20,000 per month, and KRW 2 years from November 30, 2014 to November 29, 2016. At the time, Plaintiff A and G entered into a special agreement with G to prohibit the construction of temporary buildings by using the forest of this case only as the site, and at the same time, Plaintiff A and G paid KRW 12,00,00,00 to the Plaintiff, and thereafter, G installed facilities including the above lease deposit for 12,00,00,000 for a limited period from 20,000 to 30,000,000 for the instant forest of this case without the Plaintiff’s consent, with respect to the installation of superficies 1 and 15, etc.

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