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(영문) 울산지방법원 2018.01.11 2017나1639

건물인도 등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, except for the dismissal under Section 2. of Section 2 of the judgment of the court of first instance, and therefore, it is consistent with the reasoning for the judgment of the court of first instance.

2. The Defendant asserts that the claim in this case cannot be complied with before receiving reimbursement of the above repair cost, since the Plaintiff was not able to entirely repair the building at the time of moving into the building in this case and the Defendant did not repair the building in this case. However, if the purport of the entire pleadings is added to the evidence Nos. 1 and No. 1-2, on January 20, 2005, the Plaintiff and the Defendant entered into a lease agreement as the special terms and conditions of the lease agreement with the lessee that “the lessee shall all broken down and repair the building in this case.” However, on January 20, 207, when concluding the lease agreement with the Plaintiff on January 20, 2007, the said special terms and conditions were stated as “the lessee shall all broken down and repair the building in this case.” In light of the fact that the Defendant separately demanded the Plaintiff to repair the building before entering into the lease agreement in this case, the Defendant’s assertion that there was no further need to do so.

2. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.