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(영문) 서울남부지방법원 2019.08.30 2018나58774
부당이득금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. Each of the plaintiffs (Counterclaim defendants) added by this court.

Reasons

1. The first instance judgment of this Court dismissed the plaintiffs' claim on the principal lawsuit and the defendant's counterclaim.

As to this, only the plaintiffs appealed against the claim of the principal suit against the judgment of the court of first instance, the scope of the judgment of this court is limited to the part of the claim of the principal suit against the plaintiffs.

2. The grounds for appeal by the plaintiffs citing 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 if the evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of this court is as follows, except for the selective claims of the plaintiffs added by this court and the claims added by the plaintiff A added by this court, and the reasons for the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance.

3. Determination as to the selective claims added by the plaintiffs in this Court

A. The Defendant, which caused the selective claim of the Plaintiffs, posted on the outer wall of the instant building “56 square meters of the first floor of rent,” and the actual size of the leased area by the Plaintiff A was 46 square meters.

In addition, the plaintiff B also leased the area that is less than that notified by the defendant.

Therefore, the defendant is liable to compensate the plaintiff A for damages (the sum of the rent and management fee plus the value-added tax) incurred by such deception, and the 17,39,643 won for the plaintiff and the 101,852,666 won for the plaintiff B, respectively.

B. In full view of the purport of the evidence Nos. 11 and 12 as well as the purport of the entire pleadings, the defendant succeeded to the lease agreement between the former owner and the plaintiffs, and the defendant shall accurately calculate the area of the leased part between the plaintiffs and the plaintiffs, and shall not calculate the rent and the management fee at a reasonable price, but shall determine the leased area which evaluated the whole floor of the building as the leased area.

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