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(영문) 서울고등법원 2019.10.02 2019나2023723
건물명도(인도)
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

The reasons for this Court's acceptance of the judgment of the first instance court are as follows, except for the addition of the following "2. Additional Judgment" as to the allegations added by the defendant to this Court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(However, the part on the co-defendant B, C, E, and F, which became separate and conclusive, is excluded). Additional determination

A. 1) The defendant's assertion as to the assertion related to the attached article 1) although the plaintiff, after the public notice of approval for the management and disposal of the attached article of this case, has given sufficient time for the defendant to dispose of the attached article of this case, the defendant suffered enormous losses by issuing a unilateral relocation order. It is too harsh to request the defendant to deliver the attached article of this case without considering these points. 2) The defendant's assertion is without any grounds to deem that the plaintiff should give sufficient time for the defendant to dispose of the attached article of this case after the public notice of approval for the management and disposal of this case as alleged by the defendant. 2) The attached article of Article 646 of the Civil Code belongs to the tenant's ownership as an attached article of the building, and is not a constituent part of the building, and it does not fall under the case where the attached article of this case was attached for the special purpose of the tenant, and the objective purpose of the use of the building of this case, which is the object of the purchase request, is determined differently by the evidence of this case (see, e.g., the evidence of this case)., the defendant's submission of this case.

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