건물인도 등
Of the part of the lower judgment against the Plaintiff, from March 10, 2018 to the delivery date of the building indicated in the attached list of the lower judgment.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The following facts are revealed according to the lower judgment’s factual basis acknowledged by the lower court.
On December 10, 2015, the Defendant leased from the Plaintiff the building listed in the attached list of the lower judgment (hereinafter “instant building”) to KRW 15 million, monthly rent of KRW 500,000,000, and the lease term from January 1, 2016 to January 1, 2018.
B. The Plaintiff was donated on December 9, 2015 from ASEAN, and completed the registration of ownership transfer on January 15, 2016.
C. The Defendant filed a lawsuit claiming the return of lease deposit and damages with the Plaintiff, etc. by asserting that he/she breached his/her duty under the lease agreement with the Gwangju District Court 2016dan3800, and the conciliation was concluded on May 3, 2016 as follows.
① The Plaintiff shall pay KRW 13.5 million to the Defendant two days after the date on which the Defendant returned approximately KRW 330 square meters among the instant building and the relevant site to its original state.
② The Defendant waives the remainder of the claim against the Plaintiff.
(3) Costs of lawsuit and costs of mediation shall be borne respectively.
Before and after the completion of the conciliation, the Defendant moved out from the building of this case to E, who was not the Plaintiff, had the key to the building of this case, and E is residing in the building of this case.
2. Legal principles concerning comparative negligence and limitation of liability, etc.
A. Contributory negligence in tort is set in consideration of the victim’s fault in light of the principle of equity or good faith. Matters to be considered include the degree of intentional or negligent act committed by the perpetrator and the victim, and the occurrence of illegal act and expansion of damage.
The fact-finding or determination of the ratio of the grounds for comparative negligence belongs to the exclusive authority of the fact-finding court unless it is deemed significantly unreasonable in light of the principle of equity.
Supreme Court Decision 200