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(영문) 서울중앙지방법원 2020.11.12 2020나20851
토지인도
Text

All of the appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim extended in the trial are dismissed.

2. After an appeal is filed.

Reasons

1. The judgment of the court of first instance is just, even if the defendant cited in the judgment of the court of first instance does not significantly differ from the allegations in the court of first instance, and all the evidence submitted by the defendant are comprehensively examined, and the judgment of the court of first instance is just.

Therefore, the reasoning for this Court regarding the instant case is as follows, except for adding the following judgments with regard to the extension of a counterclaim, and therefore, it is consistent with the reasoning for the first instance judgment.

[Supplementary judgment] The defendant asserts that as to the amount of damages caused by damage to a building and fence, the defendant is obligated to compensate 87,219,000 won, excluding 10% of the appraised amount of 96,910,000 won, with the exception of 10% of the damage ratio of the building and fence caused by the deterioration of the building and fence, and that 67,219,000 won, cited in the first instance trial, shall be limited to 19,382,00 won (=87,219,00 won - 67,837,00 won).

The judgment of the court of first instance that limits the plaintiffs' liability to 70% is justifiable in light of all the circumstances such as the following: the period and degree of deterioration of the defendant's building, and the fair and reasonable allocation of damages. Therefore, the defendant's argument about the above additional counterclaim is without merit.

2. In conclusion, the judgment of the court of first instance is just, and the defendant's counterclaim expanded in the trial court is not well-grounded, and all of the defendant's appeal and the counterclaim expanded in the trial court are dismissed. It is so decided as per Disposition.

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