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(영문) 서울고등법원(인천) 2020.10.22 2020나11290
건물명도(인도)
Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the case, is as stated in the main sentence of Article 420 of the Civil Procedure Act, if the court excludes the part to be used by the court as described in the following paragraph (2). Thus, it is acceptable to accept it as it is,

(other than the part for C which is separated or finalized in the first instance trial). 2. Parts dried

A. On the 2nd written judgment of the court of first instance, the 19th, 7th, 7th, 13th, 7th, 7th, 14, 9th, 3th, and 9th, respectively, “Defendant C” shall be raised to “C”.

B. On the 3rd and fourth parts of the judgment of the court of first instance, the part on the 11st and third parts on the 3rd and fourth parts on the 4th and the 5th and fourth part on the 5th and the 17th of the 5th to “Defendant B” were deleted.

C. The part of the first instance judgment Nos. 7, 6, and 7 of the 7th instance judgment stating that “it is insufficient to recognize that there is a construction cost claim, and there is no other evidence to prove otherwise.”

It is insufficient to recognize the existence of a claim for construction cost, and there is no other evidence to acknowledge it (Defendant B itself acknowledges that there is no contract for construction works, such as temporary and civil works, and electrical works, which are alleged to have been substantially added, and argued to the effect that advance payment, substitute payment, loan, etc. should be paid in the above lawsuit conducted between I and I, and it does not seem that there is a right under the subcontract on the above temporary and civil works, electrical works, etc.

(i) In addition, even if I has a claim for construction cost against F, it cannot be said that Defendant B has a right under any construction contract.

D. Each “this Court” in the 7th sentence 9, 7th class 18, 8th class 15, 8th class 16, and 9th class 7 of the first instance judgment, each “Defendant” in the 8th class 15, “Defendant B”, and “Defendant B” in the 8th class 20, 9th class 4, 5, 9th class 8, 9, and 91.

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