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(영문) 수원지방법원 2019.05.30 2019나51659
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

1. The defendant's ground for appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and there is no evidence submitted by the defendant in this court.

The reasoning of this court's judgment is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments to the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act

2. The defendant asserts that the defendant can respond to the plaintiff's request for payment of resettlement funds, relocation expenses, etc. first.

Even if the Plaintiff’s obligation to pay resettlement funds, housing relocation expenses, etc. is a preferential performance obligation rather than the Defendant’s obligation to deliver the instant real estate, following the Plaintiff’s written request for payment of housing relocation expenses, etc. (B), monetary deposit, and certificate of transaction (B) attached to the Plaintiff’s reference document as of April 30, 2019, the Plaintiff deposited the deposited person as the Defendant’s settlement funds, housing relocation expenses, and movable property transfer expenses with the Suwon District Court’s KRW 4260 as of KRW 16,71,99 as of KRW 4260 as of April 30, 2019, in light of the fact that the Defendant deposited the deposited person as of April 30, 2019 as “the principal settlement funds, housing relocation expenses, and movable property transfer expenses,” the Defendant’s aforementioned assertion has no merit.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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