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(영문) 대구고등법원 2016.07.21 2015나1971

건물명도 등

Text

1. The part against the defendant in the judgment of the court of first instance ordering monetary payment shall be revoked, and such part shall be applicable to the revoked part;

Reasons

1. The court of first instance rejected the Plaintiff’s claim for the delivery of real estate and the claim for rent payment among the claims in each of the instant cases, and dismissed the claim for unjust enrichment return and the claim for rent-payment on a deposit basis.

However, the Defendant filed an appeal regarding the part against the Defendant in the judgment of the first instance, while the Plaintiff did not file an appeal regarding the part against the Plaintiff in the judgment of the first instance, and withdrawn the claim for extradition of real estate in the trial as seen earlier.

Therefore, among the plaintiff's claims, the claim for delivery of real estate, the claim for return of unjust enrichment and the claim for the payment of electricity on a deposit basis were excluded from the subject of the party's trial.

2. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties; (b) Gap evidence 1 and Eul evidence 10; (c) the Korea Electric Power Corporation and the branch office of the court of first instance; and (d) the results of each order issued by the Korea Electric Power Corporation and the Korea Health Insurance Review Board to submit documents

On April 1, 2012, the Plaintiff and the Defendant entered into an operating contract with respect to the real estate listed in the separate sheet (hereinafter “instant hospital building”) as follows (hereinafter “instant operating contract”).

【Plaintiff A’s transferee of the Plaintiff: Defendant A’s transferee of the Plaintiff: (a) transferred all rights related to the operation of the medical corporation A (including land, buildings, and equipment; hereinafter “instant hospital”) in Gyeong-si, Sejong-si, the subject-matter of the above-mentioned medical corporation; and (b) transferred them to Party B, and Party B acquired them.

Article 3 (Method of Payment of Contract Deposit and Balance)

1. The lease deposit shall be KRW 400 million, and it shall be received and disposed of simultaneously with the contract for the purpose of operating the instant hospital by remodeling and repairing the instant hospital in consultation with Gap and Eul;

2. Monthly rent shall be determined as 25 million won, and the rent of 50 million won for two-month rent shall be paid in advance;

3. 50 million won of down payment.