(영문) 서울고등법원 2020.12.09 2019나2035825

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(영문) 서울고등법원 2020.12.09 2019나2035825

토지 인도 등 청구의 소

Text

The judgment of the first instance, including the claims that have been reduced and added by this Court, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, and the part corresponding to the judgment of the court of first instance is dismissed as follows. Paragraph (2) below, except for further determination as to the assertion that the defendant newly claims or emphasizes as the reason for appeal by this court as the reason for appeal, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, and thus, it shall be cited as it includes summary and the attached Form pursuant to the main sentence of Article 4

[Attachment] The part of the first instance court’s decision to delete the “delivery and removal of the instant real estate” from Chapter 4 to 5.

The third part of the judgment of the court of first instance is that “the possession was occupied and used until July 16, 2019” in the third part of the judgment of the court of first instance.

Part 5 of the judgment of the first instance court, “The real estate of this case shall be transferred and deleted.”

From 6th to 16th of the judgment of the first instance court, the 5th to 16th of the judgment are as follows.

[2] From November 2017 to July 16, 2019, KRW 470,1870,000 (=23 million x 20 months x 23 million x 16/31 days x 10,000 won as requested by the Plaintiffs) (3) The lease deposit amount of KRW 27,3170,000,000 for the monthly rent for the 16th day in total from November 2017 to July 16, 2019 (=the above amount of KRW 13 million).

C. The plaintiffs' share calculation ① 68,292,50 won for each of the 68,292,500 won (=27,3170,000 won x 1/4) ② The plaintiff C: 136,585,00 won (=27,3170,000 won x 1/2)

2. Determination as to the defendant's new arguments and the main grounds for appeal

A. The summary of the Defendant’s assertion (1) concluded a new lease agreement with the Plaintiffs and the Defendant, on October 10, 2015, covering the monthly rent of KRW 16 million as to the instant real estate, and thus, the Defendant did not delay the monthly rent.

(2) The settlement of accounts between the plaintiffs and E was complicated due to various trade relationships, and as a result, the difference in arrears was not remaining.

(3) The Plaintiffs are KRW 200 million from F, the first lessee for the instant real estate.

참조조문

-민사소송법 제420조

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