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(영문) 울산지방법원 2020.12.10 2019나1473
건물명도 등
Text

The judgment of the first instance shall be revoked.

The plaintiff (Counterclaim defendant)'s main claim and incidental appeal, and the defendant (Counterclaim plaintiff)'s counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The defendant's judgment on the defense prior to the merits of the case can only be filed against himself/herself, and whether a trial is disadvantageous to appellant shall be determined at the time of the filing of the appeal in accordance with the main text of the judgment. Therefore, the plaintiff who won the whole lawsuit in the first instance asserts that there is no benefit to file an incidental appeal.

The plaintiff who won the whole winning in the first instance trial may also extend or amend the purport of the claim during the appellate trial, and may be deemed to have filed an incidental appeal to the extent that it is disadvantageous to the defendant (see, e.g., Supreme Court Decision 94Da58261, Jun. 30, 1995). The incidental appeal refers to a system that seeks to change the original judgment in favor of himself/herself, on the premise that the respondent’s right to appeal is extinguished and it is impossible to file an independent appeal due to the extinguishment of the respondent’s right to appeal, and on the premise that the other party’s right to appeal was extinguished, the scope of filing an incidental appeal shall not be limited by the extent that the appellee files an

(2) In light of the above legal principles, the Plaintiff who won the instant case at the Health Center and the first instance court may file an incidental appeal, and the scope of the appeal is not limited by the scope of the Defendant’s appeal.

This part of the defendant's assertion is not accepted.

2. Determination on the main claim

A. On February 20, 2017, the Plaintiff: (a) connected the Defendant with each point of (b) part (B) of the attached Table 2, 3, 4, 5, and 2, among the real estate first floor owned by the Plaintiff, in sequence, indicated in the attached Table 1 attached to the Plaintiff; and (b) was 115 square meters (hereinafter “instant building”).

B) B From March 20, 2017 to March 19, 2019, the lease deposit amounting to KRW 30 million, and KRW 800,000 per month of rent is determined and leased (hereinafter “instant lease agreement”).

(2) On February 20, 2017, the Defendant paid the above lease deposit to the Plaintiff, and the Plaintiff.

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