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(영문) 대구지방법원 2018.07.19 2017나316797
건물명도(인도)
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 of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of "2. Additional Judgment", and therefore, it is consistent with the reasoning of the judgment of the court of first instance.

(2) In light of the evidence duly examined by the court of first instance, the defendant asserts to the effect that he/she should deliver the instant rental house to a third party on October 3, 2016, the defendant and the husband leased the said C apartment to a third party on October 4, 2018, and the above C apartment will be sold to return the money borrowed to him/her after the expiration of the above lease term, and the defendant's husband will sell the above C apartment to return the money borrowed to him/her after the expiration of the above lease term. Since the defendant's husband's apartment Nos. 204, 1403, a separate apartment under the name of the defendant's husband, is still in construction and it is anticipated that he/she will move into the rental house after May 2, 2019, it is difficult for the defendant to move into the rental house to the plaintiff until October 31, 2010 or October 4, 2018.

The circumstances alleged by the Defendant cannot be a ground for denying the Defendant’s duty of delivery immediately against the Plaintiff.

Therefore, the defendant's above assertion is without merit.

3. The judgment of the court of first instance is just, and the defendant's appeal is dismissed.

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