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(영문) 서울고등법원 2016.08.19 2015나27868 (1)
임료 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. The reasons why this Court uses this part of the basic facts are the same as the entry “1. Basic Facts” in the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the assertion

A. The Defendants did not comply with the Plaintiff’s repeated notice to deliver the instant land after suspending the Plaintiff’s operation of the Niceice, removing the instant new building and facilities, etc. and restoring them to its original state due to the expiration of the period of use set forth in the instant service contract and the reconciliation prior to the filing of the lawsuit.

Accordingly, the Plaintiff went to compulsory execution, and the Defendants delayed the performance of the duty of removal and delivery by filing an objection to the enforcement and filing a lawsuit of objection to the claim, and operated the instant tennis by May 24, 2013.

Therefore, the Defendants jointly do so to the Plaintiff: ① 1,715,98,00 won equivalent to the rent for the instant land from March 1, 201 to May 24, 2013; ② 163,200,000 won due to delay of the duty to deliver and remove the instant land x 200 x 816 days (from March 1, 201 to May 24, 201) (3) from 149,150,974 won (i.e., 117,437,926 won to 31,713,048 won) from May 24, 2013; ② 1630,000 won from the expiration date of the instant land ; 205,709,709,70,71,713,048 won from the date of expiration of the instant contract; 30,500,710,7400 others from the Plaintiff’s 20.

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