logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.19 2015나2071762
건물인도 등
Text

1. The defendant's appeal is dismissed.

2. In accordance with the Plaintiff’s incidental appeal, the Defendant:

(a) 33,861,345 won and ;

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for adding a judgment on the plaintiff’s incidental appeal and a judgment on the defendant’s argument at the trial of the court of first instance as stated in the part of the reasoning of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's incidental appeal

A. The leased object of the Plaintiff’s assertion 2 lease agreement includes each real estate indicated in the “real estate” column in the attached Table (2) in addition to each real estate listed in the attached Table (2) of the real estate list. The Defendant is obligated to pay the Plaintiff unjust enrichment or damages corresponding to the monthly rent from February 27, 2015 to the delivery date of each real estate indicated in the “real estate” column in the attached Table (2) and the “real estate” column in the attached Table (2) of the attached Table (403, 728 and the “real estate” in the attached Table (2) among each real estate listed in the attached Table 2 of the real estate list in the attached Table (2). Since the Defendant is not obligated to pay the Plaintiff the management expenses for each real estate indicated in the attached Table (403, 728 and the “real estate”) in the attached Table (2).

B. Determination 1) Article 6(1) of the lease agreement on the part concerning the claim for management expenses provides that the Defendant shall bear the management expenses for the leased object during the lease period, and Article 9(3) of the lease agreement provides that the Defendant shall pay the amount equivalent to the management expenses from the termination date of the contract to the delivery date of the leased object as compensation for damages. According to the evidence No. 18, the Plaintiff’s entry on June 23, 2016 in the attached Table No. 403 and No. 728 of the fourth floor among each real estate listed in the attached Table No. 2 of the Real Estate List No. 2, which is the leased object of the second lease agreement, shall be stated in the attached Table

arrow