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(영문) 서울중앙지방법원 2016.12.21 2016나40988
건물명도 등
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 for the court’s explanation of this case is as stated in the part of the reasoning of the judgment of the first instance, except for the addition of the judgment of the defendant as to the argument in the trial under Paragraph 2 below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part added by the Defendant asserts that the Plaintiff entered into a lease agreement with C, which is the Defendant’s own intermediary on December 31, 2010 with respect to the instant real estate, and that on December 10, 2013, the term of the instant real estate lease to the Defendant should be calculated from December 10, 2013, since the Plaintiff entered into a new lease agreement with the Defendant on December 10, 2013. However, it is insufficient to acknowledge that the Plaintiff entered the instant real estate lease agreement with C on December 31, 2010, as alleged by the Defendant, on the sole basis of the evidence evidence No. 1 that the leased object was not entered, and there is no other evidence to acknowledge it. Therefore, the Defendant’s above assertion is

3. The decision of the first instance court is legitimate, and it is so decided as per Disposition.

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