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(영문) 서울서부지방법원 2017.12.21 2017나36110
건물명도
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment (including the attached Form), except for the addition of “a new determination on a new assertion” with respect to the part claimed additionally in the trial. As such, the same shall be cited pursuant to the main sentence of Article 420 of the

2. The Plaintiff asserts that since the Defendant’s failure to perform the duty of restitution pursuant to the instant lease agreement on the ceiling, wall, etc. established for his/her own business, the Plaintiff incurred KRW 16,140,00 as the cost of restitution, it should be deducted from the lease deposit of this case.

Only with the descriptions of No. 5-1 and No. 5-2, the part asserted by the Plaintiff is remodeled or set up and the duty to restore it to the Defendant.

It is insufficient to recognize that the cost of restoration or restoration to the original state is the same as the above, and there is no other evidence to acknowledge it, the plaintiff's above assertion is without merit.

3. In conclusion, the defendant's counterclaim is justified, and the plaintiff's counterclaim shall be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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