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서울고등법원 2017.10.26 2016나2071554
건물명도
Text

1. Of the judgment of the court of first instance, part of the judgment against Defendant AB, AC, and AM (for the plaintiff (Counterclaim defendant) related to the payment of money.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The reasons why this Court is stated in this part of the basic facts are the same as the part of “1. A. recognized facts” from No. 4 to No. 5 of the judgment of the first instance, except for the following parts. As such, this Court shall accept it by including the summary under the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Part 4 of the judgment of the court of first instance in the first instance, the plaintiff in the first instance in the first instance is engaged in the "Seoul Metropolitan Government Urban Railroad Corporation (Seoul Metropolitan Government Urban Railroad Corporation was established on May 31, 2017)" as "the Seoul Metropolitan Government Urban Railroad Corporation (Seoul Metropolitan Government Urban Railroad Corporation was established on May 31, 2017; hereinafter "the plaintiff").

In the fourth through 8th of the judgment of the first instance, “2,039.71m2 of the stores listed in paragraph (1) of this Article” shall be construed as “2,039.71m2 of the disposition” as “2,039m2 of the stores listed in paragraph (1) of this Article. In the fourth part of the judgment of the first instance, the Defendants listed in the former lessee’s list (hereinafter “Defendant Sub-lessee”) in paragraph (5) shall be construed as “the remaining Defendants listed in the former lessee’s list” in the fourth part of the judgment of the first instance as “this judgment.” On the fifth part of the judgment of the first instance, the parts of the first instance are written as follows: “The grounds for recognition” [including the grounds for recognition], “A lack of dispute,” and the purport of the entire pleadings No. 9 through 13, 26, 62, and 63m2 (where there is a serial number, each number is not indicated separately; hereinafter the same shall apply).

2. Determination as to the principal lawsuit

A. According to the above facts of recognition, the instant lease agreement was terminated on February 13, 2014, except in extenuating circumstances.

Therefore, Defendant A shall deliver the instant underground price to the Plaintiff, except in extenuating circumstances, and the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 32,951,31 per month from February 14, 2014 to the completion date of the delivery of the instant underground price from February 14, 2014 to February 32,951,31 of the date following the end date of the said lease,

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