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(영문) 인천지방법원 2020.09.29 2019나69257
건물명도 등
Text

All appeals filed by the Defendant-Counterclaim Plaintiff against the instant principal lawsuit and counterclaim are dismissed.

The costs of appeal are assessed against the principal office.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, except for adding the following arguments to this court, and even if each evidence submitted to the court of first instance is presented to this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the court's explanation on this case is consistent with the reasoning of the judgment of the court of first instance, except for the addition of the following '2. additional determination' as to the assertion added by the defendant to this court, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Although the Defendant alleged that he transferred the instant commercial building to the Plaintiff around May 2018, the evidence submitted by the Defendant alone is insufficient to recognize the fact, and there is no other evidence to acknowledge it, the above assertion is without merit.

3. In conclusion, the judgment of the court of first instance is just, and each appeal on the principal lawsuit and counterclaim of the defendant is dismissed as it is without merit. It is so decided as per Disposition.

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