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(영문) 서울동부지방법원 2018.08.22 2018나147
건물명도 등
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 reasons for this Court’s acceptance of the judgment of the court of first instance are as follows: (a) the second-class 16 to 32 of the judgment of the court of first instance is as stated in the judgment of the court of first instance, in addition to the application of the second-class 16 to 2 of the judgment of the court of first instance as described in the following paragraph (2).

2. The part of the repair used “the Defendant promised to allow the Plaintiff to reside in the housing of this case for ten (10) years on the owner of the housing of this case, and disbursed a total of KRW 7,263,90 in trust and repair cost. As such, the Defendant asserts to the effect that he cannot respond to the Plaintiff’s request for extradition before being paid the repair cost equivalent to the above repair cost by the Plaintiff. It is insufficient to recognize that the Defendant paid KRW 7,263,90 in total with the housing repair cost of this case, and there is no other evidence to acknowledge otherwise. Even if the Defendant paid the above repair cost, the Defendant did not assert and prove that there was any right or right to refuse the Plaintiff’s request for extradition, so the above circumstance alone cannot oppose the Plaintiff’s request for extradition. Moreover, the Defendant’s assertion that the Plaintiff leased the housing of this case for ten (10) years cannot be accepted by the agreement or evidence.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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