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(영문) 서울중앙지방법원 2019.06.20 2018나45321
전세권말소
Text

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

2. The appeal costs.

Reasons

1. The first instance court dismissed all of the plaintiffs' remaining claims and the defendant's remaining counterclaims. Since only the plaintiffs appealed and the defendant did not appeal, the scope of this court's judgment is limited to the part against each plaintiffs among the principal lawsuit and counterclaims.

2. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the following judgment is added to the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of

(The grounds for appeal by the plaintiffs are not significantly different from the allegations in the first instance court, and the evidence additionally submitted by this court to the evidence submitted in the first instance court, and even if the witness Q bears the witness testimony in this court, the fact-finding and the decision in the first instance court are justifiable). 3. The part of the plaintiffs' further explanation as to the

A. The plaintiffs asserts that since the defendant did not fulfill his/her duty of restoration up to now, the damages equivalent to the cost of restoration should be deducted from the security deposit.

The above assertion is based on the premise that, at the time of the initial lease agreement, the building of this case was installed in 7 units, such as the evidence No. 5 (Jho-K) and the electric power field, the steering partitions, and the reinforcement entry, respectively. However, the Defendant removed the entire building of this case from lighting partitions to use it as a single store and removed all 14 sections of the building of this case, and the Defendant installed one unit of electric power field and electrical construction.

Upon termination of the lease, the lessee shall restore the object to its original state at the time he/she was leased, and thus, the condition of the building of this case delivered by the defendant at the time of the initial lease shall be examined.

The building of this case is divided into seven rooms at the time of the conclusion of the first lease agreement, and it is divided into two parts.

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