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(영문) 대전고등법원(청주) 2019.12.03 2019나2262
건물명도(인도)
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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 of the judgment of the court of first instance is as follows, and the defendant's assertion added or emphasized by this court is identical to the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The part of the 4th 2nd 3th 2nd 3th , “Non-party” and the part of “the registration of ownership transfer for each building of this case” shall be deleted.

The "P" at the bottom of the eight pages shall be raised to "H".

9. 10-11 P.C. “C” means “C”.

9 pages 12 "Plaintiffs and 12" shall be changed to "Defendants".

The 10th 7th 7th 8th 10th 7th 7th 7th 7th 7th 10th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 201

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) S Co., Ltd. (hereinafter “S”).

(A) A building listed in paragraph (3) of the attached list (hereinafter referred to as “building Nos. 3”) purchased from C before the delivery of the multi-use stamp purchased from C.

A) The Defendant asked that it may be kept in custody. The Defendant, as the lien holder, obtained the consent of C, the debtor, and required S to keep the distance stamp on the building No. 3, so it cannot be deemed that C occupied and used the building No. 3. In addition, if the Defendant is deemed to have controlled C, as alleged by the Plaintiff, it should be deemed that C’s possession is the Defendant’s possession. (2) On July 20, 2013, Qu Co. entered into a lease agreement with C on the building No. 4 (hereinafter “building No. 4”), but actually occupied the building No. 4, which is not the building No. 4, and the building No. 4 continued to have been occupied by the Defendant.

3) Even if C directly used or leased each of the instant buildings (Articles 3 and 4), the remainder, excluding that portion, was occupied by the Defendant alone and at least by the Defendant.

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