(영문) 서울고등법원 2019.02.15 2018나2029045

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2019.02.15 2018나2029045

건물인도 등

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1. The judgment of the first instance, including the Plaintiff’s claim changed in the trial, shall be modified as follows:

The plaintiff.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

The decision of the court of first instance is the same as that of the decision of the court of first instance, except for the modification as stated in paragraph 2 and the addition of the decision in the next trial as stated in paragraph 2.

B. Part 1) The amendment of the first instance judgment is the witness of the first instance trial as well as the witness of the second instance trial, and the second sentence of the second sentence of the fifth instance as “the rent by January 3, 2023, the rent by January 3, 2023,” and “the rent by January 9, 202” as “the rent by January 3, 202,” and the sixth sentence as “the rent by January 9, 200” (hereinafter the same shall apply).

2) As a result of the change of claim in the trial room, the pertinent part is deemed as follows: (a) from the end of the 6th judgment of the first instance court of the first instance, the Plaintiff, while changing the claim in the trial room, alleged that the area of this part is 2,576.12 square meters until August 31, 2013; and (b) 2,686.12 square meters from September 1, 2013 (see the Plaintiff’s written application for appraisal).

B) On November 1, 2007, “1.9.1, 2007.1” of the first instance judgment No. 7, 2007, “1.1, 2007.1.1, the Defendants should delete and pay “the 1,500,000 won per month of the same act,” and “the 3.5 million won per month,” and “the 1,000,000 won per month of the above claim,” and “the Defendants, including the amount described in the first instance judgment No. 1, should pay to the Plaintiff the amount calculated by the ratio of the amount indicated in the above claim from November 1, 2007 to the Plaintiff. However, since the Plaintiff returned to the Defendants the deposit amount of KRW 40,00,000 as seen earlier, the amount stated in the above claim shall be deducted).”

C. Each of the “as of September 1, 2007” in the 12th and 13th instances of the first instance trial is “as of November 1, 2007,” each of the “as of November 1, 2007, whether occupied or used, and as of such occupancy or use,” the “as of possession or use,” and the “as of the above agreement” in the 18th and 19th instances.

참조조문

-민사소송법 제420조

유사 판례

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