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(영문) 대전지방법원 2018.12.05 2018나1016
건물명도 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The plaintiff's assertion that the defendant leased the instant real estate jointly with the defendant B of the first instance trial. Thus, the defendant is jointly and severally liable with the defendant B of the first instance trial to pay the plaintiff the unpaid rent and unjust enrichment equivalent to the rent.

2. According to the statements in Gap evidence Nos. 1 and 6, it is difficult to recognize that the name and resident registration number of the defendant in the tenant column of each of the instant lease agreements (No. 1 and No. 6) kept by the plaintiff and the defendant No. 1 and the defendant No. 6, together with the name and resident registration number of the defendant No. 1 and the defendant No. 1 and the defendant No. 6, were stated in the tenant column of each of the instant lease agreements (No. 1 and No. 6). However, it is not sufficient to recognize that the testimony by the witness of the court at the

Therefore, the plaintiff's assertion that the defendant is a party to the instant lease agreement is without merit.

Furthermore, there is no evidence that the Defendant occupied or used the instant real estate, and in this respect, the claim for restitution of unjust enrichment against the Defendant is without merit.

3. Conclusion, the plaintiff's claim against the defendant is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendant is dismissed.

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