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(영문) 인천지방법원 2018.09.19 2018나55688
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 defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and even if the evidence examined in the court of first instance shows the records, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the following phrases to the judgment of the court of first instance, and therefore, it is justified in the judgment of the court of first instance.

2. The addition;

A. Following the phrase “Insufficient,” among the fourth and fifth parts of the judgment of the first instance, the phrase “(the witness C was unable to pay the construction cost to D, and D who was not paid the construction cost was entitled to exercise a long-term lien on the instant building with the consent of C. Unlike the general debtor-creditor relationship, it is difficult to believe the witness C’s testimony without any other objective evidence in a situation where there is a conflict of interest between them, as in the instant case, unlike the general debtor-creditor relationship.”

B. Next, the phrase “in the event of extinction” at the end of the fourth of the judgment of the first instance, the phrase “(s)” is added to the phrase “as the purchaser of an immovable property for which a lien has been established obtains direct benefit from the result of extinction of an obligation upon the completion of the extinctive prescription, and thus, the Plaintiff who purchased one-half shares of the instant building may invoke the expiration of extinctive prescription (see, e.g., Supreme Court Decision 2009Da39530, Sept. 24, 2009).”

3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of 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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