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(영문) 대구고등법원 2016.05.26 2015나21159
임대차보증금 등
Text

1.The judgment of the first instance, including a counterclaim claim filed in the trial, shall be modified as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the overall purport of the pleadings and video recordings of Gap evidence Nos. 1, 2, 4, 5, 8, 9, 10, 13, 18, 27, Eul evidence Nos. 1 through 5, 10, 11 (including those with serial numbers; hereinafter the same shall apply).

The Defendant’s acquisition of real estate and the lease relationship between the transfer of the real estate 1) each of the real estate listed in the separate sheet (hereinafter referred to as “instant land”; the building “instant building”; and the entire real estate “instant real estate”.

The ownership registration was originally owned by H, and the ownership registration was completed on March 11, 201.

The defendant purchased the real estate of this case from I on April 22, 2012, and for that year.

6. 29. The registration of the transfer of ownership in the Defendant’s name was completed on the instant real estate by sale.

2) Between H on July 15, 2009, G is a sales store of 53 square meters in the instant building from H (hereinafter “instant sales store”).

2) On the ground of the instant land, the paid parking lot on the instant land (hereinafter “instant paid parking lot”).

(A) The term of lease under the terms of lease to be leased by July 14, 2016 (hereinafter “advance lease agreement”) is set as the term of lease.

A) Around that time, the instant sales store and pay parking lot are occupied and used. 3) After the Defendant acquired the ownership of the instant real estate, there was a dispute between the Defendant and G surrounding the prior lease agreement.

Accordingly, on June 5, 2013, the Defendant filed a lawsuit seeking the delivery of the instant sales store and pay parking lot (hereinafter “advance lawsuit”) against G, and was sentenced to a favorable judgment that ordered the delivery thereof on October 17, 2014 (Seoul District Court Decision 2013Gahap898, hereinafter “the first instance judgment of a prior lawsuit”).

G filed an appeal against the judgment of the first instance court of a prior suit on November 5, 2014, but on October 21, 2015, the appeal is filed.

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