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(영문) 인천지방법원 2016.01.28 2015나14211
건물명도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reason why the court has used for the instant case is stated in the reasoning of the judgment of the court of first instance, except for the fact that “The Defendants possess the instant real estate up to the present time.” The Defendants, while continuing to occupy the instant real estate, changed to “the instant real estate by provisional execution of the judgment of the court of first instance on October 2, 2015, which was subsequent to the pronouncement of the judgment of the court of first instance, was removed from the instant real estate,” and thus, accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The Defendants are basically repeating the same arguments in the first instance court. The first instance court’s judgment is justifiable even if the Defendants were to take into account the allegations and reasons that have been partially supplemented in the trial).

2. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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