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(영문) 대구고등법원 2017.11.02 2016나25066
건물인도
Text

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

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the portion added under paragraph (2) below, and thus, it is acceptable by the main sentence of Article 420 of

2. The following shall be added to the part added in the trial of the court of first instance between the 11th sentence, the 4th sentence and the 5th sentence.

A person shall be appointed.

D. The Defendant’s assertion 1) The Defendant concluded the instant lease agreement and obtained the consent of the Plaintiff, and concluded the instant lease agreement, and the Defendant’s claim for the purchase of the accessories and simultaneous performance thereof. The Defendant: (a) installed the double windows of air conditioning and hot water pipes in a bath room; (b) installed two rooftop entrances; and (c) installed the electric facilities (ship ship, ice location, contact location, LED, lighting fixtures, etc.); and (b) as such, the Plaintiff requested the purchase thereof; and (c) the Plaintiff’s claim against the Defendant should be executed simultaneously with the Defendant’s claim for the purchase of the accessories against the Plaintiff due to the lessee’s nonperformance; (b) in the event that the lease agreement was terminated due to the lessee’s nonperformance, the lessee did not have the right to purchase the accessories pursuant to

(see, e.g., Supreme Court Decision 88Meu7245, Jan. 23, 1990). The fact that the instant lease agreement was lawfully terminated by the Plaintiff on the grounds of the delinquency in rent for more than two years by the Defendant is identical as seen earlier. As such, the Defendant’s prior assertion is without merit on the premise that the Defendant has the right to purchase the attached facilities.

A person shall be appointed.

3. In conclusion, the plaintiff's claim of the principal lawsuit shall be accepted within the scope of the above recognition, and all of the plaintiff's remaining principal lawsuit and the defendant's counterclaim shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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