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(영문) 대전지방법원 2015.01.15 2013나17061

청구이의

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The reasons why the court should explain this part of the judgment of the court of first instance are as follows: (a) from the last parallel to the 9th parallel to the 8th parallel of the judgment of the court of first instance, the defendant is obliged to pay 8,339,305 won to the plaintiff for the purchase price of the building of this case; and (b) except adding the judgment that is identical to the following 2. The corresponding part of the judgment of the court of first instance is identical to the corresponding part in the provisions of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. 1) As to the claim for reimbursement of beneficial costs, the Plaintiff changed the form and quality of the instant land from before January 1980 to the site by inserting expenses of KRW 562,00 as to the instant building from January 1, 1980. Accordingly, since the value of the instant land increases to KRW 24,150,480, the Defendant asserts that the Plaintiff has a duty to repay KRW 2,313,192, which is calculated by considering the inflation rate for the input cost of KRW 562,00, which is a small amount of the instant land, to the Plaintiff as beneficial costs. 2) In full view of the purport of the entire arguments by the first instance trial appraiser I and the first instance trial appraiser J, the Plaintiff did not lease the instant land of KRW 562,00,00 to use it as a site for the instant building from January 1, 1980, the Plaintiff did not have a duty of calculating the remaining KRW 56,000,000,000 for 2000.