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(영문) 서울고등법원 2017.08.25 2016나2050878
건물인도 청구의 소
Text

1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.

The plaintiff's lawsuit against the defendant B is serious.

Reasons

The judgment of the court of first instance, among the plaintiff's lawsuits in this case, dismissed the part of the plaintiff's claim for the confirmation of the lien against the defendant B and the intervenor, and partly accepted the plaintiff's claim for the delivery of a building to the defendant B and the claim for damages caused by an illegal possession among the monetary claims, dismissed the remainder of the main claim and the conjunctive claim for return of unjust enrichment, and accepted the remainder of the claim against the defendant C and the intervenor.

However, the Defendants and the underwriters appealed against the part of the judgment of the court of first instance, and the Plaintiff filed an incidental appeal against the part of the judgment of the court of first instance regarding the claim for delivery of a building against Defendant B and the claim for damages caused by an illegal occupation (excluding the part on which the F’s claim for damages was acquired).

Accordingly, the part of the claim for confirmation of lien against the defendant B and the intervenor dismissed in the judgment of the court of first instance and the part of the claim for money against the defendant B, which caused F's damage claim against the defendant B, and the conjunctive claim against the defendant B was excluded from the scope of the judgment of this court.

The reasons why this Court should explain this part of the recognition are as follows, and it is identical to the part "3.............." This part of the judgment of the court of first instance from 17 to 17........ Thus, this part of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.

In the second sentence of the 8th judgment of the court of first instance, "and in the middle order of May 2008, defendant B" in the second sentence of the 20th judgment.

6. The 5th of February 18, 201, which used the 5th of February, 201, used the 5th of February, 201.

In addition, “B” in Part 8 of the first instance judgment is referred to as “Defendant B.” In addition, “I received” in Part 11(16) of the first instance judgment, and “I will add “W. 10 February 10, 2012.”

The 13th to 12th of the decision of the first instance is as follows.

Defendant B.

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