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(영문) 서울고등법원 2016.10.20 2016나2013640

건물명도

Text

1. The Plaintiff (Counterclaim Defendant)’s main claim extended and reduced in the trial and the Defendant (Counterclaim Plaintiff) that were reduced in the trial.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except for the parts used, deleted, or added as stated in paragraph (2) below, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used for cutting, deletion, or addition;

A. Defendant D’s “Defendant D” in the fifth sentence of the 7th judgment of the first instance court as Defendant F, Defendant F’s “Defendant F” in the fifth sentence as “Defendant G,” respectively, and the said “Defendant G” in the said fifth sentence as “Defendant G,” and the said “real estate” in the said 11th sentence as “real estate.”

B. From the fourth column of the first instance judgment from the fourth column of the fourth column, the phrase “460 million won of the lease deposit” in the fifth column of the fourth column of the first instance judgment was respectively added to KRW 64,00,000 [The lease deposit = KRW 900,000,000 - the unpaid rent of KRW 836,00,000 for the Defendant Company (= = 44,000,000 x 19 months (from March 2015 to September 2016)], and the phrase “ KRW 46,00,000,000” in the fourth column of the 11th sentence multiplied by the latter.

(c) Beginning the 11th session of the first instance judgment, the following shall be followed from the fourth session to the sixth session.

In addition, as seen earlier, Defendant I received KRW 500,00 from the Plaintiff the lease deposit that the Plaintiff is obligated to return, while Defendant I also has the obligation to deliver each of the real estate listed in the [Attachment 8] List, which the Defendant Company and Defendant H jointly occupied, to the Plaintiff.”

D. On the 15th judgment of the first instance court, the third part of the third part of the judgment is as follows:

“The Plaintiff shall pay KRW 836,00,000,000 (= monthly rent of KRW 44,000,000 x 19 months x 19 months) equivalent to the monthly rent or the amount of unjust enrichment equivalent to the monthly rent for 19 months from March 2015 to September 2016 under the instant lease agreement, respectively, and the remaining lease deposit of the instant lease agreement is KRW 64,00,000 (=the monthly rent of KRW 44,00,000).