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(영문) 수원지방법원 2015.08.20 2015나9216
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the judgment concerning the basic facts and the grounds for the claim are different from the judgment of the court of first instance.

In the second sentence of paragraph, the phrase “7,536,00” is deemed to be “7,536,000 won,” and it is identical to the description of the judgment of the first instance. Therefore, it is also accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the Defendant’s assertion, the Defendant asserted that, if the building was newly constructed at the time of obtaining the approval for land use from his father D, the deceased agreed to substitute for the rent for the instant land by the deceased’s receipt of the rent generated from the rest of the fourth floor of the above building except for the fourth floor of the building, and that he exercised the right to purchase the instant building against the Plaintiff.

On the other hand, Articles 643 and 283 of the Civil Act provide that when the period of land lease for the purpose of owning a building or any other structure expires, the lessee may request renewal of the lease contract if the building, etc. is existing. If the landowner does not want such renewal, the lessee may request the purchase of the building at a reasonable price. However, there is no evidence to acknowledge that the lease contract was concluded between the Plaintiff and the Defendant for the purpose of owning the building of this case. Thus, the above assertion by the Defendant is without merit without further review.

3. As such, the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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