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(영문) 대구고등법원 2017.01.11 2016나852
건물명도
Text

1. All appeals filed by the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) are dismissed.

2. The appeal costs.

Reasons

1. In the first instance court’s trial scope, the Plaintiffs were the principal lawsuit, and the Defendants filed a claim for damages equivalent to the delivery and rent of real estate as stated in the purport of the claim against the Defendants, and the Defendants filed a claim for the return of security deposit against the Plaintiffs as a counterclaim. The court of first instance dismissed the claims against the Defendant G among the claims filed by the Plaintiffs, and partly accepted the remainder of the claims against the Defendants, and rendered a judgment dismissing all the claims against the Defendants.

With respect to this, since only the Defendants filed an appeal against Defendant J, L, and M in the judgment of the first instance, which is the part against them, as well as against the Defendants’ counterclaim, the scope of the trial of the first instance is limited to the part against which the said Defendants lost (On the other hand, Defendant I filed an appeal but withdrawn the appeal on September 29, 2016; Defendant K also filed an appeal on November 14, 2016; Defendant H voluntarily withdrawn the appeal; Defendant H also filed an appeal on November 14, 2016; and Defendant H also dismissed the appeal pursuant to Article 268(2) and (4) of the Civil Procedure Act due to the absence of two times at the date of the trial of the first instance. In addition, the Defendants filed an appeal against Plaintiff F, but withdrawn the appeal against Plaintiff F on September 29, 2016).

A. The Plaintiffs are the owners of the households indicated in the table corresponding to the corresponding subparagraph among the V apartment units on the ground of Yongcheon-si, U.S. and 23 lots (hereinafter “instant apartment”), which are real estate listed in the attached Table 4.

Defendant H, I, J, K, L, M, and I, as co-defendants of the first instance court, and S are the occupants of the households indicated in the corresponding corresponding corresponding corresponding water of the same subparagraph as indicated below, from the time of the date of commencement of possession to the present generation.

The reasonable monthly rent for each of the following households shall be the same as the amount stated in the relevant appraisal value column:

The appraisal value of the possession commencement date (won) 101, 1440, AH 160,000 on March 201, 2012, No. 1319, i.e., 170,003, 1824, 160,000 from November 2010, JJ 1824, 200 on December 16, 200.

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