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(영문) 부산지방법원 2018.07.12 2017나60048
건물명도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The grounds for appeal by the defendant cited in the judgment of the court of first instance are as alleged in the court of first instance, and the evidence submitted to the court of first instance is the evidence of evidence submitted by the defendant to the court of first instance, and even if the purport of the whole pleadings was shown in the evidence No. 11 through No. 27 (including the number of pages) submitted by the defendant in the court of first instance, the fact-finding and decision of the court of first instance are justifiable, and there

Therefore, this court's explanation on this case is consistent with the reasoning of the judgment of the court of first instance except for the dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The fourth through sixth of the decision of the court of first instance incurred damages equivalent to the above amount by spending KRW 230,212,00 for the business of the commercial building of this case as follows.

Therefore, the plaintiff is obligated to compensate for the above damages suffered by the defendant.

2. In conclusion, the judgment of the court of first instance is just, and all appeals against the principal lawsuit and counterclaim of the defendant are dismissed on the grounds that they are without merit. However, as the "10,738,389 won" in Article 1 of the judgment of the court of first instance is obvious misunderstanding of "10,738,387 won", the decision of the court of first instance is to correct it. It is so decided as per Disposition.

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