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(영문) 서울고등법원 2016.11.24 2016나2004998

전세권말소 등

Text

1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit changed by this court, is as follows.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the pertinent part of the judgment of the first instance is modified as stated in the following 2; and (b) it is identical to the reasoning of the judgment of the first instance except to supplement or add the judgment as stated in the following 3. Therefore, it is acceptable in accordance with the main sentence of Article 420

2. Revised parts

(a) modify “G division” of 3 pages to “F division”;

B. On the 6th day below, even if the lease contract of this case was effective, the Defendant is obligated to cancel the registration of the establishment of the lease of this case, and to pay the amount monthly rent to the Plaintiff, the owner of the building of this case, as unjust enrichment or damages, the amount equivalent to the monthly rent of “before the completion of delivery” or “not later than the date of loss of Plaintiff’s ownership or the date of completion of use and profit-making by the Defendant, whichever comes earlier.”

C. The following is added to 10 pages 9, and even if the lease contract of this case was concluded in force between the Defendant and E, the lease contract of this case is terminated on January 31, 2015, barring special circumstances, the Defendant is obligated to cancel the registration of establishment of the lease of this case, and the Defendant is obligated to deliver the part occupied by the Defendant on the first floor of the building of this case to the Plaintiff, and to pay the amount equivalent to the monthly rent for “before the date of loss of Plaintiff’s ownership or the date of completion of the Defendant’s use or profit-making, whichever comes earlier.”

10. Deleted.

E. From 11th to 5th following is revised as follows: (a) the Plaintiff’s obligation to return the deposit money to the Defendant upon the expiration of the lease term of the instant lease contract; (b) the Defendant’s obligation to cancel the registration of the establishment of the instant lease on a deposit basis; and (c) the obligation to deliver the occupied portion among the first floor of the instant building.