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(영문) 부산고등법원 (창원) 2018.11.08 2018나11612
부동산인도
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the dismissal as set forth in the following paragraph (2). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance on the 3rd page 4 of the judgment of the court of first instance stating that “the defendants deliver the instant cartel to the plaintiff,” the defendants jointly and severally move to the plaintiff.

In 2008, the attached Table 3 line 5 of the judgment of the court of first instance is called "return on April 26, 2017".

The eight pages of the judgment of the court of first instance are as follows.

5. Of January 19, 2017, 12, 50, 200, 200, 250, 30.40, 30,000 x 12,50,500 x 12,50,000 x 25,000 x 25,00 x 25,000 x 25,000 x 25,000 x 25,000 x 25,000 x 11,00,000, 00 x 11,00, 200, 200, 200, 200 x 25, 200, 200, 25, 2000 x 5,00 x 19/17,200 x 19/197. 20

“C. Since the instant lease agreement was terminated on June 12, 2017, the Defendants jointly and severally liable to the Plaintiff for unjust enrichment equivalent to the rent that was not paid until June 12, 2017 and the rent that was accrued from the following day to the completion date of delivery of the instant franchise. The Defendants are jointly and severally liable to pay and return to the Plaintiff the amount of unjust enrichment equivalent to the rent that was accrued from the use of and profit from the use of and unjust enrichment. Therefore, the Defendants jointly and severally liable to pay to the Plaintiff the amount of KRW 162,362,326 [the accumulated sum of the rent and unjust enrichment that was accrued until May 18, 2017” = 65,910,714 won (the accumulated sum of the rent that was accrued until May 19, 2017) and the rent that was unpaid from May 28, 2018 to the completion date of delivery of the instant franchise.

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