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(영문) 부산지방법원 2016.11.11 2016나44322
건물명도
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 follows: (a) adding the following Paragraph 2 to the third party’s 6th decision of the court of first instance; and (b) adding the defendant’s argument added in the court of first instance as to the defendant’s argument, as stated in the reasoning of the judgment of the court of first instance; and (c) therefore, (d) admitting this case’s assertion pursuant to the main sentence of

2. The part to be added in the trial [at the level of trial, it is evident that the Plaintiff’s wife D was appointed as the Plaintiff’s special representative at the Plaintiff’s request and confirmed all procedural acts conducted by the Plaintiff’s attorney];

3. The defendant's assertion added in the trial of the court of first instance alleged that there was a intervention in a lawful act by the plaintiff, such as not being contacted with the advance notice in the process of provisional execution based on the original copy of the judgment of the court of first instance and not finding out the advance notice. However, there is no evidence to acknowledge it, and even if tort was committed in the course of domestic provisional execution, it is merely a matter of the execution procedure, and it is difficult to view that it might affect the judgment on the merits of the case

4. If so, the plaintiff's claim of this case should be accepted due to its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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