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(영문) 서울중앙지방법원 2018.10.24 2018나22465
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Basic Facts

In accordance with the main sentence of Article 420 of the Civil Procedure Act, the relevant part of the reasoning of the judgment of the first instance is cited.

Judgment

In full view of the following facts in light of Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1 and 2 (including each number), and Eul evidence Nos. 4 and 5 (including each number), and Eul evidence Nos. 11 and some testimony of witness G of the court of first instance, the following facts are acknowledged (the evidence No. 11 is a licensed real estate agent's H fact-finding certificate, and it is difficult to believe it in light of the circumstances that the plaintiff filed an appeal against co-defendant of the court of first instance, but submitted only after the appeal was withdrawn). The plaintiff confirmed the current status relatively detailed with Defendant C and real estate broker on the date of the conclusion of the instant lease agreement, and confirmed both the passage part at the time.

After that, the Plaintiff and Defendant C directly reviewed various documents, and calculated revenue and management expenses, taxes and public charges, etc. to calculate the amount of revenue and expenses, and when operating the notified personnel, they concluded the instant lease agreement and the contract for transfer of rights.

The special terms of the lease contract include ‘46 explanation of water leakage phenomenon', and the 46 room is the alteration into the passage.

On June 13, 2017, which was before the notification of termination of contract, the Plaintiff made dialogue with Defendant C on June 13, 2017, and even though Defendant C mentioned some of the heading rooms as a passage, it did not raise any objection.

In order to understand the revenue from the operation of the Institute, it is most basic to understand the entry fee and the number of tidelands in order to understand the revenue. At the time, the plaintiff operates the Institute at other places.

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