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(영문) 수원지방법원 2016.03.31 2015나19435
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. In the first instance trial, the Plaintiff sought the delivery of real estate and the return of unjust enrichment listed in the separate sheet at the same time. The court of first instance rejected the Plaintiff’s claim and the claim for return of unjust enrichment.

However, since only the defendant appealed against the part of the first instance judgment against the above judgment, the scope of the trial of this court is limited to the above request for extradition.

2. The reasoning for the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the case where the term “oil claim” in section 10, 9 of the reasoning of the judgment of the court of first instance is applied as “right of retention”, and therefore, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, 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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