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(영문) 부산고등법원 (창원) 2018.02.08 2017나22172
계약갱신절차이행 등
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The reasoning for this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff, in the first instance court, filed a counterclaim by combining the claims for the renewal of the lease agreement of this case, and the claims for the purchase price due to the exercise of the right to purchase the ground property, in preliminary case. The defendant filed a counterclaim by combining the claims for the delivery of leased object, the claims for unjust enrichment equivalent to the rent, and the claims for the commercial and sewerage

The first instance court dismissed all primary and preliminary principal claims, and partly accepted the claim for delivery of leased object and the claim for restitution of unjust enrichment equivalent to rent in the counter-claim.

Accordingly, the Plaintiff appealed only to the portion of the conjunctive claim and the portion of the claim for restitution of unjust enrichment equivalent to the rent out of the main claim and the counterclaim. As such, the subject of the judgment by this Court is limited to the portion of the preliminary claim and the portion of the claim for restitution of unjust enrichment equivalent to the rent out of the counterclaim.

3. The reasoning for this part of the judgment on the plaintiff's conjunctive claim is as stated in Paragraph 3 of Article 420 of the Civil Procedure Act, except where the pertinent part of the judgment of the court of first instance is rewritten or added as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The parts used or added shall be as follows: “(c)” of 10 16 am “(2)”, and 11 am “(c)” of 11 am “D.” from “15 3-4 am to “as soon as possible”. “The foregoing part shall be as follows: “The evidence mentioned earlier in the underlying facts and facts of recognition, A, 27, 77, 97, 97, 99, 101, 116 through 120, and the entire purport of the arguments and arguments, and shall be taken into account in light of the following circumstances:

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