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(영문) 서울중앙지방법원 2015.04.28 2014나35418
건물명도
Text

1. Of the judgment of the first instance court, the part against the Plaintiff falling under the order to deliver the goods below shall be revoked.

Reasons

1. The plaintiff, within the scope of trial of this court, made a request against the defendants for extradition identical to that of the purport of the claim, and subsequently, in the first instance court, accepted the request for extradition as to the part of Paragraph 2 of the purport of the claim, and was sentenced to a judgment dismissing the request for extradition as to the part of Paragraph

Since only the plaintiff filed an appeal, the subject matter of the judgment of this court is limited to the part of the plaintiff's objection, that is, to the part of paragraph (1) of the claim (the plaintiff requested the co-defendants of the first instance court to deliver the relevant part of the part in the part stated in paragraph (2) of the claim, and was rendered a favorable judgment in the first instance court, and the relevant part was determined by the co-defendants of the first instance court as not filing an appeal, and on the other hand, even though the plaintiff sought concurrent performance judgment on the part of paragraph (2) of the claim, it was sentenced to the judgment ordering a non-conditional transfer in the first instance court, but the defendant B did not file an appeal. Further, in relation to paragraph (2) of the claim, the plaintiff included the purport of seeking a payment of unjust enrichment equivalent to the rent exceeding thirty million won in the petition of appeal

A. Defendant B: (a) the first floor and the second floor (hereinafter “instant building”; (b) the first floor among the instant building is referred to as “the first floor”; and (c) the second floor is referred to as “the second floor” and the second floor is referred to as “sub-story”; and (d) the first floor during the period of rent (including value-added tax) for the leased object (including KRW 275,000,000 on December 30, 2012, KRW 8,800,000 on June 30, 2012, KRW 1,980,000 on June 30, 2012, KRW 1,980,000 on June 30, 2012 (payment of KRW 2,080,000 on management expenses).

(2) On May 14, 2012, (20,000 KRW 1,650,000,000 1,650,000 30,000 D2) stores in the unit of a month (the unit of KRW 30,000,000,000,000 in the contract date for the object of sub-lease C (the unit of premium) deposit (the unit of KRW 30,000,000,000 for the object of sub-lease C1).

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