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(영문) 부산지방법원 2019.12.12 2019나46817

건물명도 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except where the court revises part of the judgment of the court of first instance or the defendant added a decision as to the assertion added by the trial of the court of first instance. As such, this is cited by the main sentence of Article 420

2.On the 5th judgment of the first instance, the addition or replacement shall add the following:

【The Defendant asserted that the instant lease agreement continues to exist until November 9, 2020 according to the lease agreement (No. 1-4) submitted by the Defendant, while the Plaintiff denied the validity of the lease agreement (No. 5) in the first instance court, but the first instance court determined that the instant lease agreement was terminated on May 9, 2017 due to the implied renewal of the lease agreement, but it was terminated due to the following three-year rental period. The Defendant’s assertion that the instant lease agreement was terminated on May 9, 2017 according to the evidence No. 5, No. 6 and No. 1-4 was terminated on May 9, 2017. The Defendant’s assertion that the Plaintiff continued to occupy the instant real estate after May 9, 2017, and that the Plaintiff continued to possess the instant real estate on or after the expiration of the lease agreement between the Plaintiff and the first instance court on May 25, 2017.

4. In determining the claim for cost of large-scale repair of KRW 100 million, the defendant prepared a lease agreement with Nonparty D-B No. 1-2, and the defendant made a large-scale repair of each real estate of this case.