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(영문) 서울고등법원(인천) 2020.10.16 2019나14064
임대차보증금
Text

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

Expenses for appeal shall be principal lawsuit and counterclaim.

Reasons

1. The court of first instance accepted the Plaintiff’s claim for refund of lease deposit in full among the Plaintiff’s principal claim, partly accepted the claim for return of unjust enrichment, dismissed the claim for purchase price following the exercise of the claim for purchase of ground, and dismissed the Defendant’s claim for removal of facilities and the claim for transfer of land among the Defendant’s counterclaims, respectively, and dismissed the claim for return of unjust enrichment equivalent to the unpaid rent or rent.

However, since only the plaintiff appealed against each plaintiff among the main lawsuit and counterclaim, the part of the plaintiff's claim for refund of deposit for lease and the part of the plaintiff's claim for return of unjust enrichment equivalent to the unpaid rent or rent out of the defendant's counterclaim are excluded from the object of the judgment of this court, and only the remaining part except the above part is subject to the judgment of this court.

2. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. Thus, in full view of the evidence submitted in the court of first instance along with the contents of the argument, the fact-finding and judgment of the court of first instance are

Therefore, the reasoning of this court concerning this case is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for partial dismissal or addition as set forth in paragraph (3) below.

3. Each of the parts of the judgment of the court of first instance, 7 pages 11 to 13, 8 pages 16, 18, 18, 2 to 4, 18 pages 2 to 18, 20, 21, 19 pages 1, 7 of the judgment of the court of first instance, shall be deemed to be “the order of the court of first instance”.

On the 7th day of the first instance judgment, the "date of the closing of argument in this case" in the 14th day shall be deemed the "date of the closing of argument in the trial."

Each "this Court" in the 7th trial of the first instance, the 16th trial of the 16th trial, and the 15th trial of the 16th trial of the first instance.

Each "Witness" of the 9th 14th 12th 12th 8th 2th 3th 3th 3th 3th 4th 4th 4th 4th 10

The 9th 18th 19th 19th 19th 1st 1st 1st 1st 1st 2th 3th 2th 2th 200.

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