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1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.
2. After an appeal is filed.
Reasons
1. The reasoning for the court's explanation on this part is as follows: "The plaintiff acquired the right to manage and operate the commercial building of this case from E, a stock company on June 2004," which reads "the defendant acquired the right to manage and operate the commercial building of this case from E, a stock company on or around June 2004," which reads "The defendant added evidence Nos. 11 and 12 to "the ground for recognition" as stated in the relevant part, and therefore, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the conjunctive claim added at the trial
A. The Plaintiff’s assertion 1) The exclusive use area ratio of the first floor of the instant shopping mall in damages due to insufficient area based on the exclusive use rate is 75% [the exclusive use area of the instant shopping mall = 1,618.01m2,145.98m2 in total (i.e., a total of 1,618.01m2 in exclusive ownership (= a total of 527.967m2 in total)]; thus, the exclusive use area of the instant store should be at least 31.56m2 in total (=42.08m2 x 75% in total). The exclusive use area of the instant store, which the Defendant ordered the Plaintiff after the instant remodeling work, is 26.9m2
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 34,087,434 [4.66 square meters (i.e., 31.56 square meters - 26.9 square meters) x unit price of KRW 7,314,90 square meters according to the status after remodeling] as compensation for damages arising from nonperformance or tort. (ii) The Defendant is obligated to pay to the Plaintiff unjust enrichment of KRW 8,563,816 on April 4, 2010 to February 2, 2015 (i.e., monthly rent of KRW 147,652 x 58 months) as compensation for unjust enrichment of KRW 4.66 square meters, which the Defendant did not surrender to the Plaintiff after the instant remodeling project was implemented.
3. Before and after the instant remodeling project following the alteration of passage, the area adjacent to the passage of the instant store was reduced from two pages to one page. The unit price of the instant store is 7,461,200 square meters where the passage adjoins two pages, and 7,314,900 square meters where the passage adjoins one page.
Therefore, the defendant is the plaintiff.