건물인도 등 청구의 소
1. Defendant who exceeds the following amount among the part of the claim for restitution of unjust enrichment in the judgment of the first instance.
1. The reasoning for the court’s explanation of this case is as follows: “The total floor area of 58.83 square meters” is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the part used by the court of first instance, since it is identical to the stated in paragraphs (1) and (2) of the judgment of the court of first instance, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary part] From 5th of the first instance judgment to 6th of the 5th to 16th of the 6th of the 5th of the 1st instance judgment, the following shall be followed.
Where a dispute over the interpretation of a contract between the parties becomes an issue, the interpretation of the intention of the parties indicated in the disposal document shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and background of the agreement, the purpose to be achieved by the agreement, the
(See Supreme Court Decision 2014Da19776 Decided February 15, 2017, etc.). In full view of the facts of recognition and quoted evidence as mentioned above and the following circumstances revealed by the witness G witness G of this court, it is reasonable to interpret that a special contract under the lease agreement grants the Defendant the right to demand an extension of the period of two years prior to the expiration of the initial lease term (three years), and it is difficult to view that a provision granting the Defendant the right to demand an extension of the term of the contract after the expiration of the initial lease term (five years in total) is difficult. Therefore, the Defendant’s assertion is without merit. (1) Article 4 of the lease agreement on the term of the lease under the lease agreement provides that “The term of the lease shall be three years from August 5, 2010 to August 4, 2013, and two years shall be extended under the agreement between the lessor and the lessee.
Section 2 of "The lessor shall consent to the lessor when the lessee requests the extension of the term of the lease provided for in this Agreement before the expiration of the term of the lease."
When interpreting the above two provisions harmoniously, the three-year period prescribed in the lease contract.