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(영문) 서울중앙지방법원 2019.08.16 2018나72422
건물명도(인도)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except in the following cases: (a) the fifth through seventh (6) of the judgment of the court of first instance shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part used after dismissal [Article 652 of the Civil Act] (Article 652 of the Civil Act) of the part concerning the lessee's right to purchase the appurtenances is a mandatory provision, and a special agreement that excludes or limits the lessee's right to purchase the accessories is not in principle effective (see Article 652 of the Civil Act). In the above case, the Supreme Court held that the lessee's right to purchase the appurtenances should not be ruled out if such special agreement is no less favorable to the lessee (see Supreme Court Decision 92Da2498, 2507, Sept. 8, 1992). If the lessor agreed not to claim the facility expenses, etc. for the accessories instead of giving the lessee a low lease deposit and rent, and the lessor did not claim the facility expenses, etc., the lessee or the assignee did not waive the lessee's right to purchase the accessories, and the lease appurtenances cannot be deemed as valid after the termination of the lease agreement.

B. In light of the above legal principles, in light of the following facts and circumstances, the instant case’s evidence Nos. 2 through 4, 8 through 10, Eul’s evidence Nos. 1, 3, 5, and 6, and the witness G’s testimony, which are acknowledged by comprehensively considering the overall purport of the pleadings in light of the following facts and circumstances.

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