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(영문) 서울남부지방법원 2020.12.03 2019나66307
임대차보증금(임대료)
Text

All appeals by the defendant and incidental appeals by the plaintiff are dismissed.

Expenses for appeal shall be incidental to the defendant.

Reasons

1. The defendant's grounds for appeal and the plaintiff's grounds for incidental appeal to the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even after closely examining the evidence submitted in the court of first instance

Accordingly, the reasoning of this court’s judgment is that “6th 7th 7th 7th son of the first instance judgment” is “2016.” This court’s judgment is based on the same reasoning as that of the first instance judgment, except for the addition of the following to the sixth 14th son of the first instance judgment, and therefore, it is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

On the other hand, the defendant asserts that the issue of factory registration depends on the validity of the instant lease agreement, and therefore the obligation to pay the rent arises from the date of the registration of the factory. However, it cannot be said that the lessor's registration of the factory affects the judicial effects of the instant lease agreement, and as seen earlier, as long as the defendant occupied and used the leased object while taking over the instant factory building from the plaintiff on October 1, 2016 and using electricity and waterworks attached thereto, the above obligation to pay the rent arises from the date of the above delivery. The defendant's argument is rejected.

2. Thus, the judgment of the court of first instance is just, and the defendant's appeal and the plaintiff's incidental appeal are all dismissed. It is so decided as per Disposition.

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