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(영문) 부산지방법원 2018.06.20 2018나40553
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The plaintiff's grounds for appeal citing the judgment of the court of first instance are not different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence additionally submitted to this court is presented.

Therefore, the reasoning for the judgment of the court on this case is that the reasoning for the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following portions written or added.

2. Parts used or added;

A. In the part of the judgment of the court of first instance, “A1302,” “A1301,” “A1301,” “The 7th 5th 7th 5th of the judgment of the court of first instance,” “Defendant 7st 6th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 9th 9th 9th 9th 9th 7th 9th 1st 1st 2th 2th 1st 2th 2th 2th 2th 2th 2th 2 of the judgment of the court of first instance,” respectively, “the first 1st 3th

The 7th to 20th of the judgment of the first instance shall have the following parts:

The Plaintiff’s assertion in this part is premised on the fact that the period of completion of restoration to the original state was extended on September 28, 2016 by the Defendant, even if the lawful restoration to the original state of the instant building could have been completed until August 28, 2016. However, in full view of the aforementioned facts and the evidence and the following circumstances recognized by the overall purport of pleadings, it is insufficient to acknowledge the above premise, and there is no other evidence to support the premise. Therefore, under the instant lease agreement, the Plaintiff’s assertion is without merit and without any need to further examine it. (1) According to the instant lease agreement, the Plaintiff’s removal of the facilities installed in the instant building and the restoration to the original state (as of October 10, 2014) shall be handed over to the Defendant.

In addition, the plaintiff did not pay monthly management expenses after the payment deadline.

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