(영문) 수원지방법원 2020.12.10 2020나50607

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자간(%)

(영문) 수원지방법원 2020.12.10 2020나50607

건물명도(인도)

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1. The part against the defendant in the judgment of the court of first instance is modified according to the change of claim in the trial.

Reasons

1. The grounds for this part of the claim are as stated in the corresponding column of the judgment of the first instance (hereinafter “basic facts”) except for the modification as follows. Thus, this part of the basic facts of the claim is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The owner of a building indicated in the attached list shall be modified as “the owner of the whole five-story building listed in the attached list” during the fourth following the second instance judgment.

(2) Pursuant to the second sentence of the judgment of the court of first instance, the 1 to 3 pages shall be modified as follows:

B. On April 26, 2016, the Plaintiff agreed to lease the instant singing room at KRW 10 million from April 26, 2016 to April 25, 2018, with the Defendant and the co-defendant C of the first instance trial (hereinafter “Defendant’s children”); and the Plaintiff agreed to lease the instant singing room at KRW 10 million from April 26, 2016 to April 25, 2018.

(However, the contract was prepared in the name of the Plaintiff and the Defendant with the consent of C (hereinafter “instant lease contract”). Meanwhile, the said contract is stipulated as a special agreement that “electric duties, water taxes, and public charges” as the said special agreement.

③ Defendant C shall be amended to “C with the comprehensive consent of the Defendant” in the third and nine instances of the judgment of the first instance.

④ Of the third page 1 of the judgment of the first instance, “(Nos. 5 and 23)” is amended as “(Evidence No. 5, 19, and 27).” ⑤ The following is added between two parallels and one parallels under the fourth page of the judgment of the first instance. The Defendant and C delivered the instant singing to the Plaintiff on February 26, 2020 according to the provisional execution of the judgment of the first instance, and continued to operate the instant singing in the instant singing room up until then. 2. The reasoning of the judgment on the Plaintiff’s claim is that the court stated in this part as to the corresponding column of the judgment of the first instance (No. 2. judgment on the cause of the claim) except for the following revision, and thus, this is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(1) In the 6th to 9th class of the judgment of the court of first instance, "Uwon District Court" and "Uwon District Court" are 2018Gaz.165.

참조조문

-민사소송법 제420조

유사 판례

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