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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each 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: (a) except for the addition of “2. additional determination” as to the fact-finding result of this court’s inquiry, this court’s determination is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. According to the result of the fact-finding by this court on the case c Co., Ltd., the case c Co., Ltd. used only 201 units among the aggregate buildings of this case, and the real estate of this case was used by the defendant, and the lease contract on the real estate of this case prepared with E was merely prepared formally for business registration, and was actually used under a loan contract with the defendant for use.
However, the following circumstances, which can be recognized by the overall purport of evidence Nos. 3, 4, 8, and 29-4 of evidence Nos. 3, 29-4, namely, ① CCC Co., Ltd. entrusted the report of rights to the Defendant at the instant auction on December 26, 2013, and the Defendant submitted a report of rights and a demand for distribution to the effect that “K CC Co. leased the instant real estate from E to November 2013, 2013.” If the Defendant directly occupied the instant real estate at the time and exercised the right of retention, it is difficult to find reasonable grounds to report the rights of K CC Co., Ltd. up to the time the right of retention was denied, and ② the lease period between K CC Co. and E may be extended by mutual agreement.
Management expenses (decision after the meeting of occupants), commercial building deposits, and rents shall be the amount including value added tax.