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1. On September 27, 2016, the judgment of the court of first instance, including the Plaintiff’s claim extended or reduced before remanding.
Reasons
1. After remanding, this Court reversed the first instance judgment with the purport of rejecting the claim for damages for delay with respect to the land rent from February 22, 2010 to September 26, 2016, including the claim extended and reduced by the Plaintiff, and dismissing the remainder of the claim. ② The first instance judgment changed with the purport of rejecting the claim for damages for delay with respect to the land rent from September 27, 2016 and the claim for damages for delay with respect to KRW 288,711,00 (hereinafter referred to as “the claim for damages for delay”) from September 27, 2016. The Plaintiff’s appeal for this purpose is dismissed by the Supreme Court. ② The Plaintiff’s appeal for the claim is dismissed by the Plaintiff’s appeal against the claim, and the judgment of this Court prior to remand is reversed and remanded to this Court. As such, the part of the Plaintiff’s claim for delay becomes final and conclusive.
Therefore, the judgment of this court after remand is limited to the part that was reversed and remanded.
2. Basic facts
A. From October 1, 1998, the Defendant owned the land indicated in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the building thereon (hereinafter “building prior to the extension of this case”). As to the instant land and the building prior to the extension of this case, the Defendant completed the registration of the establishment of the neighboring building that became the debtor C and the mortgagee Co., Ltd., Ltd., and the building prior to the extension of this case on September 6, 2002.
B. Meanwhile, at the time of the establishment of the foregoing right to collateral security, the instant land, other than the instant building prior to the instant extension, was a building with the “495.6m2, 2, and 498m2,000 square meters for the second floor of the 2nd floor of the steel reinforced concrete structure (framed) roof,” and the “120m2,00 square meters for the factory of the general steel structure and other roof (Gel Location board),” and on March 23, 2007, the indication registration of the instant building prior to the instant extension was modified as described in the attached Table 2.
(hereinafter referred to as the “instant building” including the building prior to the instant extension and the newly constructed building.
The land of this case and the instant case.