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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. In the first instance trial within the scope of this court’s trial, the Plaintiffs filed a claim against the Defendants as the principal lawsuit, ① the delivery of each real estate stated in the purport of the claim, ② the amount of reimbursement KRW 78,828,00, and damages for delay thereof, ③ the return of unjust enrichment equivalent to the monthly rent, respectively. The Defendants filed a claim against the Plaintiffs as a counterclaim for the return of KRW 1,09,654,400, or KRW 600,000, or KRW 200,000,000, respectively.
The court of first instance ordered the plaintiffs to deliver real estate at the same time with the repayment of the lease deposit amount of KRW 200 million in relation to the claims. ② The court of first instance ordered the plaintiffs to deliver real estate in relation to the claims, ② 57,874,000 in advance of the claims, ③ to accept the claims in full, ③ to dismiss the claims, ② to pay KRW 200 million in relation to the claims, and ② to pay the claims simultaneously with the delivery of real estate.
Therefore, since only the Defendants appealed on the part against which they lost and the part against which they lost a counterclaim, the subject matter of adjudication in this Court is limited to ①, ②, ②, KRW 57,874,00 in the principal lawsuit, ③ the part of the claim, ③ the part of the counterclaim, and ① the part of the counterclaim.
2. Basic facts
A. The remaining Plaintiffs except Plaintiff 1D who entered into a lease agreement are listed in the separate sheet
1. Co-owners of the land from 4. to 4. (hereinafter “instant land”). On December 26, 2005, the Defendants and the Defendants concluded a lease agreement to lease up to December 31, 2010 by constructing a new building after demolishing the instant land at their own expense and constructing a new building.
(2) The defendants, at their own expense around April 2006, are buildings related to motor vehicles listed in [Attachment 5.6] on the land of this case (hereinafter "the building of this case"), and "the real estate of this case" together with the land of this case.