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(영문) 서울고등법원 2018.07.17 2016나2080688

건물명도

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1. The plaintiff's appeal is dismissed.

2. Upon the claims added by this court, Defendant D Co., Ltd. shall be the Plaintiff.

Reasons

1. In the first instance court, the Plaintiff filed a claim against the Defendants for the delivery of each shop listed in Paragraph (2) of the attached list among the buildings listed in Paragraph (1) of the attached list (hereinafter “instant building”) and each shop listed in Paragraph (3) of the same Table (hereinafter “second floor shop”). The first instance court accepted the Plaintiff’s claim for delivery of the first floor shop against Defendant B, C, and D (hereinafter “Defendant Company”) and rendered a ruling dismissing all of the claims against Defendant B, C, and Defendant E, and only the Plaintiff appealed against the part against which the claim was lost.

Therefore, the scope of the court's adjudication is limited to the plaintiff's appeal (the part concerning the plaintiff's request for delivery of the second floor store against the defendant B, C, and the defendant company, and the part concerning the claim for delivery of the first and second floor store against the defendant E) and the part concerning the additional monetary payment

2. Basic facts

A. On September 22, 2006, the Plaintiff: (a) around 589.96 square meters (51 stores; hereinafter “the second floor of the instant building”) among the second floor of the instant building to F (hereinafter “the second floor of the instant building”) between F and F; (b) however, it appears that additional 72.76 square meters were included in the leased object.

(No. 6) Eul and 26 of the first floor store around October 19, 2006, however, in light of the fact that additional 97.04 square meters were incorporated into the leased object, the entire first floor store (36 stores) seems to have been the leased object.

(No. 6). Around January 24, 2007, each lease contract was concluded with the content that a store of 2nd floor (25 stores, this is 368.42 square meters out of 2nd floor of the building of this case, which is located on the back of 2nd floor) is leased for 3 years.

B. After completing business registration from the 1 and 2nd floor of the instant building, including the 1 and 2nd floor stores owned by the Plaintiff, F operated a wedding hall (hereinafter “instant wedding hall”), the 2nd floor store around April 2009 (the second floor back of the instant building) is the Plaintiff.