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(영문) 서울고등법원(인천) 2020.10.29 2019나14934
건물명도(인도)
Text

Of the judgment of the first instance, the part on the claim against the Defendant (Counterclaim Plaintiff) in the judgment of the first instance is modified as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts of recognition and the grounds for this part of the allegations by the parties are as stated in the corresponding part of the judgment of the first instance, if the court excludes the parts to be used or added as follows, that part of the corresponding part of the judgment of the first instance (No. 2, No. 10 to No. 6, No. 11 of the judgment of the first instance). Accordingly, it is acceptable in accordance with the main sentence of Article

On the 3rd and 25th page of the judgment of the court of first instance, the "1st floor among the buildings listed in paragraph (2) of the attached Table No. 2, 357.49 square meters (hereinafter "the building of this case") among the buildings listed in paragraph (2) of the attached Table No. 1 shall be "250.6 square meters (the amusement room; hereinafter "the building of this case") in part 250.6 square meters in the part of paragraph (a) of the order No. 1, and the "Witness D" of the 4th page No. 19 shall be "D for the witness of the

B. On the fourth and twenty pages of the judgment of the court of first instance, the following is added.

Although the Defendant asserts to the effect that the authenticity of each lease agreement (No. 4-1, 2) in the name of D is doubtful, the authenticity of the above lease agreement is acknowledged in full view of the testimony and the entire purport of argument of the witness D in the first instance trial, and there is no other counter-proof.

[1] The term ""

C. On the 6th page 1 and 2 of the first instance judgment, the following is added.

“Notwithstanding the absence of ratification, the Plaintiff shall be liable to the Defendants for the performance of the contract on the instant land and building as prescribed by Article 135 of the Civil Act, and the Defendants shall select and seek against the Plaintiff the responsibility for the performance of the contract.”

D. On the 6th anniversary of the first instance judgment, the following is added to the following facts.

“4) Since the obligation to return the lease deposit and the obligation to return the leased object under the instant lease agreement between the Plaintiff and the Defendant C are in a simultaneous performance relationship, Defendant C’s obligation to return the leased object should be fulfilled simultaneously with the Plaintiff’s obligation to return the leased object KRW 100 million.

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