(영문) 서울고등법원 2015.10.16 2014나2017679

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(영문) 서울고등법원 2015.10.16 2014나2017679

가건물철거 등

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1. Of the judgment of the court of first instance, the judgment against the Defendant (Counterclaim Plaintiff) that exceeds the money ordered to pay the principal lawsuit below.

Reasons

1. In the first instance court’s trial scope, the Plaintiffs filed a claim for damages and (b) unpaid public charges due to nonperformance, as the principal suit, and ② the Defendant, as a counterclaim, filed a claim for damages due to the refund of the lease deposit, (b) installation of the outer wall lab, removal of signboards, and (c) a claim for damages due to the removal of a household building caused by occurrence of a disaster.

In this regard, the first instance court dismissed all claims for damages among the claims filed by the plaintiffs, and partly accepted the unpaid public charges claims. ② The defendant's counterclaim claims dismissed all the claims for damages due to the installation of outer walls and the removal of signboards, and partly accepted the claims for refund of lease deposit and the claims for damages due to the removal of a building.

As to the above judgment of the first instance court, the plaintiffs did not appeal the part against the principal lawsuit as to the part against the principal lawsuit, and appealed the part ordering payment in excess of the "23,00,000 won of the lease deposit and damages for delay thereof" in the part against the counterclaim, and it is evident that the defendant appealed the whole part against the principal lawsuit and the part against the counterclaim.

Therefore, in the trial, the above appellate part shall be determined as follows, focusing on the above appellate part.

2. Basic facts

A. On May 19, 2010, the Defendant leased (hereinafter “instant lease contract”) from D and E for the term of 18,000,000 deposit money, monthly rent of KRW 1,70,000 (payment at the beginning of each month), and from May 31, 2010 to May 30, 201, the Defendant leased (hereinafter “instant lease contract”) the instant five-story neighborhood living facilities of 5th floor and the first floor retail store of 83 square meters of housing (hereinafter “instant building”). At that time, the Defendant transferred the instant store to operate a restaurant of “J” and “K” at this point.

B. At the time when the Defendant entered into the instant lease agreement, the attached Form is between the north side of the instant store.

유사 판례

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