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(영문) 대구지방법원 2019.02.14 2018나302757
건물명도등
Text

1. The judgment of the court of first instance is modified as follows.

The list of plaintiffs (appointed parties) and attached Form 1 shall be stated.

Reasons

1. Basic facts

A. The Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties indicated in the list of the designated parties indicated in the annexed sheet Nos. 1 (hereinafter “Appointeds”) are owners of respective sections listed in the annexed sheet Nos. 2 of the 1st floor of the Daegu Suwon-gu Commercial Building (hereinafter “instant commercial building”) (hereinafter “instant building”).

B. The first floor of the commercial building of this case has been installed with walls among them and used in the same part (Edong) and letter (Fdong) as shown in the attached Form 4. While it is registered as an aggregate building, each inside part except the above wall is not divided into walls.

C. On January 1, 2012, a sectional owner, including the Plaintiff, etc., leased Fdong to Defendant B without a lease deposit, with the term of lease from January 1, 2012 to December 31, 2016. As to this, Defendant B, the selector Q is the lessor, and the remainder of the Plaintiff and the designated parties are not the lessor.

However, under the premise that, from the time when the first written reply was submitted in the first instance trial to the time when the lessor submitted a preparatory document as of April 13, 2018, Defendant B merely asserted that the Plaintiff’s claim was groundless since Defendant B did not occupy Fdong and did not have any possession of Fdong ( Defendant B paid the overdue rent for 4 months to the Plaintiff on February 14, 2018, which was after the first instance judgment was sentenced), it is reasonable to view that the lessor led to the confession of the fact that he was “F Consents of sectional owners, including the Plaintiff,” the lessor was “F Consents of sectional owners, including the Plaintiff.”

However, the evidence submitted by Defendant B alone alone is insufficient to recognize that the confession was against the truth, and was caused by mistake, and there is no other evidence to acknowledge it, and even if Defendant B did not have led to the confession of the above fact, Defendant B’s evidence No. 2 and B.

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