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(영문) 서울고등법원 2018.08.24 2018나2012634
손해배상(기)
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. The reasons why the court explains this part of the cited part are as follows.

Except for amendments as stated in paragraph (1), the part "1. Basic Facts" (Articles 5 through 14 for the second to 5 pages) of the judgment of the court of first instance shall be the same.

The relevant part shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Part 1) The second part of the judgment of the court of first instance, “G” of the second part of the judgment of the court of first instance, shall be dismissed to “J”, and the third part of the judgment of the court of first instance from “(C) to “the third part” of the judgment of the court of first instance are as follows.

Meanwhile, the Plaintiff, who served in the maintenance business of the I’s “H” in the vicinity of the instant real estate, proposed that I would use the place leased by F to the Defendant to operate the automobile industry, and the Defendant stated that I would lease the instant real estate upon consultation with F, because the term of lease with F remains.

Accordingly, on July 4, 2015, the Plaintiff acquired, from F on July 4, 2015, the right to lease the entire business facilities and the instant real estate under the name of F, such as the Motor Vehicle Maintenance Office and the Vice General’s subsidiary facilities, and operated the motor vehicle maintenance business after registering the motor vehicle management business under the name of the Plaintiff.

As above, the Plaintiff acquired the right to lease the instant real estate in the name of I, but did not conclude a new lease agreement with the Defendant, and did not pay a rent to the Defendant.

Accordingly, the defendant filed a lawsuit against I against I for the clarification of the instant real estate and the return of unjust enrichment equivalent to the rent or rent, which was caused by the termination of the lease contract based on the rent delay as the Goyang Branch 2016da73531.

2) The Plaintiff paid the same side of the first instance court’s first instance court’s first instance court’s second instance judgment from “E...” to “A.......”

The plaintiff on June 1, 2016.

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