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(영문) 서울고등법원 2018.01.11 2017나2030673
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant exceeding the money ordered to be paid below is cited.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as stated in the part of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this case is included in the summary under the main sentence of Article 420 of the Civil Procedure Act.

2.Nos. 4 and 8 added or dried shall add:

C. On December 6, 2016, the Plaintiff sold the instant real estate to the Investment Trust Co., Ltd., and completed the registration of ownership transfer on January 13, 2017. 2) The Investment Trust Co., Ltd. and the Investment Trust Co., Ltd. entered into a trust agreement with the Investment Trust Co., Ltd. on January 9, 2017, and completed the registration of trust with the Investment Trust Co., Ltd. on January 13, 2017.

Part 4 of the 9th "Evidence 1 through 7 of the A" shall be written with "Evidence 1 through 7, 11, 4 and 6 of the A".

Up to 5 pages 12 through 5 of the 4th page shall be written with the following contents:

A. Although the Plaintiff’s instant lease agreement terminated on November 30, 2016, the Defendant demanded the Plaintiff to pay the premium, etc., and refused to deliver the instant real estate. This constitutes a violation of Article 11(1) and (2) of the instant lease agreement.

Therefore, the Defendant is obligated to pay to the Plaintiff money calculated at the rate of KRW 319,770,00 corresponding to twice the monthly rent for the period from December 1, 2016 to August 31, 2017, which is the day following the termination date of the instant lease agreement, as damages under Article 11(3) of the instant lease agreement, to the Plaintiff (=35,530,000 (=i.e., monthly rent of KRW 17,765,000 including value-added tax x 2) x 9 months) and the amount calculated at the rate of KRW 35,530,00 per month from September 1, 2017 to the delivery date of the instant real estate.

Part 5. The following shall be added to Part 15:

2 The plaintiff sold this case's real estate to the administrator of the investment trust, and the administrator of the investment trust shall sell this case's real estate to the administrator of the investment trust and the administrator of the investment trust.

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