logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.05.25 2017나7265
건물등철거
Text

1. All appeals filed by the defendant and the defendant are dismissed.

2. The costs of appeal shall be borne by the defendant and the intervenor.

Reasons

1. The reasoning for the court’s explanation of the instant case is as follows, except where the following determination is added to the pertinent part as to the matters alleged in the trial by the Defendant and the Intervenor, and thus, it is consistent with the reasoning for the first instance judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. As long as the Plaintiff acquired the instant real property and allowed the Defendant to live free of charge in the instant building, the Defendant’s legal superficies cannot be deemed extinguished on the ground that the land was not paid.

B. We examine the judgment, and there is no evidence to prove the facts alleged by the Defendant and the Defendant and the Defendant.

Rather, comprehensively taking account of the respective descriptions and arguments in subparagraphs 4-1 and 2-2, the Plaintiff’s February 6, 2014 and the same year.

3. It is only recognized that on two occasions on April 18, 2009, the Defendant filed a claim for the payment of rent by sending to the Defendant a certificate of content that “from April 3, 2009, the land ownership of which is changed, the monthly rent equivalent to KRW 100,000.”

(A) The Defendant and the Defendant’s Intervenor asserted that the above content certification was made oral to the Defendant, even after the Plaintiff sent the above content certification to the Defendant, and the Defendant continued to live in the instant building without compensation. However, there is no evidence to acknowledge this). Therefore, the above assertion by the Defendant and the Defendant’s multiple intervenors is without merit.

3. In conclusion, the judgment of the court of first instance is legitimate, and all appeals filed by the defendant and the intervenor are dismissed as it is without merit. It is so decided as per Disposition.

arrow