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(영문) 서울고등법원 2015.12.23 2015나15957
건물명도 등
Text

1. The amount of money pertaining to the principal suit of the first instance judgment exceeds the amount ordered to be paid below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 3, 2003, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on April 3, 200, setting the lease deposit amount of KRW 300,000,000, monthly rent of KRW 9,000 (in addition to value-added tax, monthly payment), and from June 4, 2003 to December 31, 2010 as the terms of the said lease agreement (hereinafter “instant lease agreement”). The rent amount of KRW 4,50,000 from August 1, 203 until the completion of the construction of the building, and the rent amount of KRW 9,00,00 from August 9, 200, until the completion of the construction of the building, shall be set at the expense of the lessee and the owner of the building shall not be set at the expense of the lessee, but the lessee shall be set at the expense of 30,000,000,000.

At that time, the Defendant paid KRW 300,000,000 to the Plaintiff according to the above lease agreement.

At the time of the instant lease agreement, there was a building listed in attached Table 1 List 3 (hereinafter referred to as “former building”).

B. After that, the defendant removed the old building, and around July 1, 2003, the construction amount of D was KRW 420,000,000 and the construction period was from July 1, 2003 to November 5, 2003, and ordered D to construct a new building listed in attached Table 1 List 2 (hereinafter “instant building”). The defendant paid KRW 54,00,000 to D from July 14, 203 to August 16, 2004.

C. On December 31, 2003, the approval and completion of the use of the instant building was completed, and the owner registration was made in the name of the Plaintiff in the building ledger, and the Plaintiff was on December 31, 2007.

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