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(영문) 서울남부지방법원 2016.07.14 2016나51779
유치권확인 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this court’s instructions is as follows: (a) the reasoning for the judgment of the first instance is the same as that of the judgment of the court of first instance, except for the following cases: (b) the main text of Article 420 of the Civil Procedure Act refers to the reference of the judgment of the first instance.

[Supplementary portions] Even if the plaintiffs had been carrying out construction costs in the commercial building of this case, the right to claim reimbursement for beneficial costs is recognized only for the expenses incurred in increasing the objective value of the building, and the lessee's right to claim reimbursement for beneficial costs is not recognized. There is no evidence to acknowledge that the construction costs claimed by the plaintiffs as having been incurred in increasing the objective value of the building. Rather, even according to the statement in the evidence No. 11, it is stated that the plaintiffs can pay construction costs for the construction of the facilities such as the ceiling, bank, interior, interior, water supply, cooling, cooling, and signboard, etc. of the building. The above costs are only the expenses for the business of the plaintiffs and cannot be considered as the expenses increased the objective value of the commercial building of this case. Thus, the plaintiffs' assertion is without merit.

2. If so, the judgment of the first instance court is legitimate, and the plaintiffs' appeal is dismissed as it is without merit.

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