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(영문) 대전지방법원 2017.07.06 2016나111049
건물명도
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

In the first instance court of this case, the plaintiff requested the defendant to express his/her intent to waive the permission to use the D Market Property in relation to the store of this case, the plaintiff made his/her intent to consent to the application for permission to use the D Market Property in relation to the D Market Property, and the plaintiff filed a claim for delivery of the D Market Property in this case, and the return of unjust enrichment equivalent to the rent in arrears and the rent in this case, and the defendant filed a claim for a return of unjust enrichment against the plaintiff as a counterclaim. The court of first instance rejected the claim against the plaintiff for a return of unjust enrichment in relation to the rent in this case. The court of first instance rejected the part of the claim for the consent to the permission to use the D Market Property in relation to the store of this case, and rejected the claim against the plaintiff for a return of unjust enrichment equivalent to the rent in arrears and the rent in this case. The court of first instance dismissed the part of the claim for a return of unjust enrichment in relation to the D Market Property in this case.

Accordingly, only the defendant filed an appeal with respect to the part against the defendant and the counterclaim part in the judgment of the court of first instance. In the court of first instance, only the plaintiff's expression of intent to waive the permission to use the D market property use of the D market property in the main lawsuit against the defendant, the delivery of the store of this case, the claim for return of unjust enrichment equivalent to the overdue rent and the rent, and the counterclaim part against the plaintiff against the plaintiff is within the scope of the judgment of the court of this

Basic Facts

Of the size of 4,367 square meters in F. 4, Cheongyang-gun, Chungcheongnam-gun, Chungcheongnamyang-gun, Cheongyang-gun, the size of (A) part of (A) a reinforced concrete shop (the size shall be the same as the size of 35 square meters in a brick 36-1 floor 1 floor above D market; hereinafter referred to as “instant store”) connected in order to each point of (35 square meters) of the annexed drawings 1, 2, 3, 4, and 1 shall be registered on April 30, 1970.

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