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(영문) 수원지방법원 2016.07.21 2015나34335
부당이득금
Text

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

2. The appeal costs.

Reasons

The reason for the judgment of a party member is that the defendant asserts as additional evidence submitted at the trial (in particular, the defendant did not possess the fourth floor part of the building of this case since June 13, 2013, and the tenant opposing the plaintiff under the Commercial Building Lease Protection Act with respect to "(i) the defendant's registration of business operator (the defendant's registration of business operator, registration number F)" was excluded from the joint business place on August 26, 201, and the change of the location of the defendant's registration was no longer effective as G voluntarily and even if he did not have any effect, he did not present any proof until the closing of argument, but the defendant did not request a fact-finding inquiry, but did not present any evidence. The defendant rejected each entry in the main sentence of Articles 23 through 31 (including serial number) of the Commercial Building Lease Protection Act, and it is difficult to accept any testimony of the witness of the court of first instance and the witness of the court of first instance and the witness of the N, which are contrary to the facts recognized by the court.

Therefore, the judgment of the court of first instance is justifiable, and all appeals against the defendant's principal lawsuit and counterclaim are dismissed as it is without merit. It is so decided as per Disposition.

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