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(영문) 대구고등법원 2015.05.27 2014나4034
건물명도
Text

1. All appeals filed by Defendant (Counterclaim Plaintiff) C and Defendant D are dismissed.

2. The costs of appeal shall be assessed against the principal lawsuit and counterclaim.

Reasons

1. The reasons for the court's explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance, except for the modification to "it is difficult to believe that the testimony by the witness J is difficult," as stated in Eul evidence 21, Eul evidence 22-1, and the fact that the plaintiff issued a tax invoice and the plaintiff stated that the monthly rent under the lease agreement of this case is smaller than that of this case (if there is no dispute between the parties concerned), it is not sufficient to recognize the defendant's assertion." Thus, it is identical to the reasoning of the judgment of first instance, except for the modification to "it is difficult to believe that the testimony by the witness J is difficult to believe," as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion, the plaintiffs' claims against the defendants are justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. The plaintiffs' counterclaims against the defendant C are dismissed as they are without merit. The judgment of the court of first instance is just in conclusion.

The Defendants’ appeal against the Plaintiffs is without merit, and all of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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