손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall be attached to the Plaintiff (Counterclaim Defendant).
1. The reasons for the court's explanation concerning this case are as follows: (a) at the end of the 7th sentence of the first instance court's judgment; (b) at the end of the 7th sentence of the 7th sentence; (c) at the end of the 7th sentence of the 13th sentence; (d) at the end of the 8th sentence; (e) at the following end of the 2th sentence; and (g) at the end of the 10th sentence of the 10th sentence; and (e) at the 13th sentence of the 10th sentence of the 13th judgment, "the total cost of installation of facilities, above 150,970,00 won, above 140,000 won, including the cost of installation of facilities, and the cost of installation of transfer; and (g) at the 3th sentence of the 10th sentence of the 3th sentence of the first instance judgment, the following grounds are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional parts
A. On the 7th end of the first instance judgment (the Defendant is not an illegal building, and thus, the Defendant consulted with the Plaintiffs by constructing alternative buildings for smooth resolution but did not comply with the order to remove Pyeongtaek-gun. However, the Defendant asserts that the Defendant cannot be held liable for nonperformance since the Plaintiffs did not comply with the unreasonable demand. However, in light of the respective descriptions of the evidence Nos. 3-1, 2, and 9-1 of the evidence Nos. 3-1, it is reasonable to see that the instant maintenance plant constitutes an illegal building, and it is not deemed that the Plaintiffs were obligated to accept the proposal or cooperate with the Defendant. The Defendant’s above assertion on a different premise is not acceptable).
B. On the premise that tort liability is recognized as to the Defendant, the Plaintiffs cannot deduct unjust enrichment equivalent to the rent from the lease deposit, and the premium is also at the ratio of the actual period of use.