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(영문) 서울고등법원 2016.10.13 2016나2118
임대료
Text

1. The plaintiffs' appeals and the claims extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. From April 2012, the Defendants asserted that they illegally leased “the part of emergency exit stairs at the bottom of the second underground floor transformation room from the underground first floor parking lot,” “the part of emergency exit stairs at the first floor parking lot from the underground first floor parking lot,” “the control room at the underground first floor parking lot,” “the control room at the underground first floor parking lot,” “the management office, and the part of the toilet exclusively for the customers with female disabled.”

Accordingly, the Plaintiffs, a sectional owner of the instant building, filed a complaint against the Defendants as violating the Building Act, and the Defendants promised to pay all the rents acquired from the aforementioned illegal lease to the Plaintiffs at the time of questioning at the Seoul Yongsan Police Station.

On the other hand, when the defendants calculates the rent acquired through the above illegal lease, it is equivalent to the amount stated in the purport of the claim.

Therefore, according to the above agreement, each of the money stated in the claim is to be paid.

2. The evidence submitted by the Plaintiffs alone is insufficient to acknowledge that the agreement between the Defendants and the Defendants on the payment of the fees acquired by the Defendants due to the illegal lease of the Plaintiffs’ assertion is established, and there is no other evidence to acknowledge this otherwise.

The plaintiffs' above assertion is without merit without examining the remaining points of view.

3. The judgment of the court of first instance, which dismissed all of the plaintiffs' respective claims against the defendants, is justifiable. Thus, all of the claims extended in the plaintiffs' appeal and the trial are dismissed. It is so decided as per Disposition.

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