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(영문) 인천지방법원 2019.02.13 2018나60741
유치권 부존재 확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the facts and the arguments of the parties are as stated in each corresponding part of the judgment of the court of first instance. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. In light of the above legal principles, if the lessee of a building agreed to restore the internal facility of the building to its original state at the lessee’s expense upon termination of the lease agreement, it is reasonable to view that the special agreement was made to waive in advance the right to demand reimbursement of the necessary and beneficial expenses for the interior facility (see, e.g., Supreme Court Decisions 78Da810, Sept. 12, 1978; 95Da12927, Jun. 30, 195). In light of the above legal principles, the instant lease agreement entered into between the Defendant and the non-party company (hereinafter “the instant lease agreement”) by taking into account the following facts: (a) the Plaintiff’s health stand and the written evidence No. 1; and (b) the entire purport of the pleading in light of the legal principles as seen above, the lease agreement entered into between the Defendant and

Article 5 recognizes the fact that Article 5 provides that "if the lease contract of this case is terminated, the lessee (the defendant) shall restore the building of this case to its original state and return it to the lessor (the non-party company)" and this is a special agreement to waive in advance the right to demand reimbursement of necessary expenses and beneficial expenses. In this regard, the defendant asserts that Article 4 of the special agreement of this case provides that "the lessor (the non-party company) shall be recognized in the transfer of the right to the facilities with the new lessee at the time of the removal of the lessee (the defendant) and the right to the inside the factory shall be recognized as the lessee (the defendant company)." Thus, the defendant cannot be deemed to waive his right to demand reimbursement of necessary expenses

In full view of the evidence No. 1 and the purport of the entire argument, it is recognized that the instant lease agreement contains the aforementioned special terms and conditions.

However, on the other hand.

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