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(영문) 서울북부지방법원 2016.06.10 2015나5499
건물명도등
Text

1. The defendant's appeal is dismissed, and the plaintiff's appeal is dismissed.

2. The costs of the lawsuit after the filing of the appeal shall be individually.

Reasons

1. In the first instance court’s determination on the Defendant’s appeal, the Plaintiff terminated the lease contract against the Defendant on the grounds that the lease contract was terminated due to the Defendant’s delinquency in rent and management expenses, and accordingly, filed a claim for extradition, unpaid rent and future rent and management expenses of the instant real estate. The court of the first instance dismissed the claim for extradition of the instant real estate on the grounds that the termination of the Plaintiff’s lease contract is unlawful, and subsequently, accepted part of the claim for unpaid rent until the date of the closure of pleadings in the first instance trial, and dismissed all of the claim for unpaid rent

On July 24, 2015, the Defendant appealed against the unpaid rent portion, which is the part against the Defendant. However, the Plaintiff withdrawn the unpaid rent claim on May 13, 2016, which is pending in the appellate trial, and the judgment of the first instance court corresponding to this portion became null and void.

Therefore, the appeal by the defendant is unlawful because there is no benefit of appeal as the appeal does not exist.

2. Judgment on the Plaintiff’s appeal (the part claiming management expenses)

A. The reasoning for this Court’s explanation is to add “19 to 21”, which was submitted in the trial subsequent to “16, 17” No. 8 of the first instance judgment, to the following:

With the exception of additional determination as stated in paragraph (1), it is identical to the corresponding part of the judgment of the first instance, and thus, it is cited in accordance with Article 420 of the Civil Procedure Act.

B. The plaintiff asserts that the lessee should bear management expenses pursuant to Article 17 of the Act on the Ownership and Management of Aggregate Buildings, but it is apparent that the real estate stated in the attached list does not constitute an aggregate building. Therefore, the plaintiff's above assertion on the premise is without merit.

3. The defendant's appeal is dismissed as it is inappropriate, and the plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed.

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