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(영문) 수원지방법원 2016.10.20 2015나35925

청구이의

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the part of the judgment in front of the first instance court No. 4, No. 17, and No. 20, the main text of Article 420 of the Civil Procedure Act cites it as it is.

【On the other hand, it is insufficient to acknowledge that there was an agreement between the Plaintiff and the Defendant to increase the instant land rent by 5% each year from May 1, 2004, the date of payment of the instant land and building, to January 21, 2014, which is the date of the commencement of payment of the instant land and building. There is no evidence to support that the Plaintiff agreed on the increase of the land rent between the Plaintiff and the Defendant, or that the Defendant was sentenced by the court on the increase of the land rent, and therefore, it is reasonable to deem that the instant land rent was continuously KRW 250,00 per month without the increase during the said period.

2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.