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(영문) 서울고등법원 2018.09.14 2017나2038486
건물명도
Text

1. Of the judgment of the court of first instance on the principal lawsuit, the plaintiff (Counterclaim defendant) who is equivalent to the amount ordered to be paid below.

Reasons

1. The basic facts;

2. The grounds for this part of the parties’ assertion are as stated in the corresponding part of the judgment of the first instance except for the reasons for appeal as follows. Thus, this part of the parties’ assertion is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“(or M)” shall be added to “F” next to “F” in the third fifth fifth judgment of the first instance.

“(or around May 201)” shall be added to “(or around July 201)” next to the third 17th 201.

The fourth 3-8th th th th th th st st st st st as follows.

On March 4, 2014, the Plaintiff sent to the Defendant a document verifying the termination of the lease agreement on the 2 and 3th floor of the instant building on the ground that “the Defendant was in arrears with respect to the 2 and 3th floor of the instant building,” which thereafter reaches the Defendant.” The “founded grounds for recognition” added “A 8 through 10” to “a document.”

After the 8th 11th st of the judgment of the first instance, the obligation of the third party to deliver the building and the obligation of the plaintiff to return the lease deposit are concurrently performed.

"in addition".

3. Determination on the main claim

A. On the grounds delineated below, the Defendant did not delay the conclusion of each of the instant lease agreements to the effect that the instant building 2 and 3 reached the “two consecutive five consecutive period” period.

① Pursuant to the lease agreement on the second and third floors of the instant building and Article 640 of the Civil Act, the lease agreement on the said building ought to be deemed to have been terminated by the Plaintiff’s declaration of intent to terminate the said building on March 4, 2014, based on the following:

Unlike the Defendant’s assertion, it cannot be deemed that the Plaintiff’s right to terminate the contract is excluded solely on the ground that the damages for delay are agreed on.

② As long as a lease agreement on the second and third floors of the instant building is terminated, the lease agreement on the fourth and rooftop of the instant building that stipulated the same period for the said building and the instant building should also be deemed to have been terminated.

In this case, the building 2.

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