건물명도(인도)
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for this part of the recognition is as stated in the corresponding part of the reasoning of the judgment of the first instance (3rd 8 to 7th 10 pages), except that the court added or added as follows.
(Article 420 of the Civil Procedure Act). The following is added between 12-13 and 4 pages of the judgment of the first instance.
Article 5 (Payment of Management Expenses) (1) An employer shall pay the management expenses calculated by the person who has obtained permission in accordance with the standards for calculation of management expenses under the Regulations on the Enforcement of the C Management Operation by the date of notification. (2) If an employer occupies or subleases part of the C commercial building without permission or without permission, or fails to do so by the date determined by the person who has obtained permission after the period of permission for use expires or permission for use expires, he/she shall be deemed as illegal possession of the public property and the person who has obtained permission may take measures, such as cutting off or cutting off the public property."
Part 7 of the first instance judgment "(based on recognition)" shall be added to "A evidence 16."
2. The grounds for this part of the allegations by the parties are stated in the corresponding part of the grounds of the judgment of the court of first instance (as stated in the corresponding part of the judgment of the court of first instance between 12 and 10 pages 13) with the exception of those written by the court below.
(The main text of Article 420 of the Civil Procedure Act). The 9-10-12 of the judgment of the court of first instance shall be followed as follows.
[A] The Plaintiff’s act of interfering with the Plaintiff’s possession was to completely suspend the operation of elevators and cooperative facilities on the 5-6th floor of the instant building from July 2, 2018 to November 20, 2018, following the instant disposition. This constitutes tort that interferes with the Defendants’ exercise of right to possess.
Therefore, the Plaintiff is obligated to compensate the Defendants for the following damages that the Defendants suffered from the above acts.
(b) the cost of active damage (in relation to one air conditioners).