건물명도
1. The judgment of the court of first instance is modified as follows.
The defendant is in collaboration with the plaintiff, C, D, E, F, and G, and 168,00.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and the reasoning of the court’s explanation is as stated in the reasoning of the first instance judgment, except for adding the judgment as described in paragraph (3) below. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. On June 8, 2017, when six months have elapsed from the judgment of the court of first instance, the term “the Defendant” in the 5th sentence to “5,” and “the 9th sentence,” as follows: < Amended by Presidential Decree No. 20010, Jun. 8, 2017>
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff.
A person shall be appointed.
B. On June 6, 2017, the part 7 of the judgment of the court of first instance deleted “on the arrival of June 6, 2017.”
3. Additional determination
A. Since the amount exceeding the interest rate under the Interest Limitation Act out of the amount equivalent to the rent of the instant building claimed by the Plaintiff exceeds the interest rate, the said amount shall be deducted from the lease deposit to be returned to the Defendant by the Plaintiff.
B. According to the statement in Eul evidence No. 1, the lease agreement on the building of this case is not an agreed one, and according to the result of the appraisal commission for appraiser L of this court from July 1, 1999 to June 30, 2018, the annual rent of the building of this case is 4.6% to 5.8% from June 30, 2018, and the interest restriction rate under the Interest Limitation Act [the regulation on the highest interest rate under Presidential Decree No. 15663 of February 24, 1998 was repealed, and the interest restriction rate under Article 2(1) of the Interest Limitation Act enacted by Presidential Decree No. 20118 of June 28, 207 (hereinafter “Interest Limitation Act”).
The maximum interest rate under the Act on the Interest Limitation, amended by Presidential Decree No. 25376, Jun. 11, 2014, does not exceed 30% per annum, and the maximum interest rate under the Act on the Interest Limitation, amended by Presidential Decree No. 28413, Nov. 7, 2017, is 24% per annum). Thus, the building of this case is a building of this case.