logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.01.20 2015나1000
건물인도 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal office and the principal office.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of part of the reasoning of the judgment of the court of first instance as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Rule] In the last part of Part 11, the decision on the defendant's argument is added as follows.

“The Defendant alleged to the effect that the value of the instant real estate was reduced by the closure of the commercial buildings of the first and fourth floors of the building to which the instant real estate belongs, and thus, the Defendant cannot be deemed to have obtained unjust enrichment of KRW 66 million per month. However, it cannot be readily concluded that the value of the instant real estate has decline because other commercial buildings located in the building to which the instant real estate belongs, on the ground that other commercial buildings located in the building to which the instant real estate belongs, have discontinued the value of the instant real estate. In addition, in the instant lease agreement, the Defendant agreed to pay to the Plaintiff the amount equivalent to 10% of the rent and management fee under the instant lease agreement corresponding to the number of days whose name was delayed in addition to the rent and management fee until the date when the name was delayed, in addition to the rent and management fee until the date when the name was delayed (Article 18 subparag. 4 of the instant lease agreement). Accordingly, the Defendant is obligated to pay the amount equivalent to the rent and management fee under the instant lease agreement to the Plaintiff by the date when the instant real estate was transferred.

As seen earlier, the sum of KRW 330 million is KRW 330 million equivalent to rents and management expenses from January 201 to May 201, 2014 (i.e., KRW 66 million x 5 months) and KRW 2200,000 per day on June 1, 2014 (i.e., KRW 66 million x 1/30,000 x 1/30,000 x June 2, 2014).

arrow