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(영문) 서울고등법원 2019.05.02 2018나2023221
임대료지급청구의 소
Text

1. The defendant's appeal and the plaintiffs' incidental appeal are all dismissed.

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

Reasons

1. The reasoning of the judgment of the court of first instance quoted in the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, except when written

(The main text of Article 420 of the Civil Procedure Act). 2. The 6th 11-12 of the judgment of the first instance court "AB" shall be replaced by "AB of the first instance court," and the 9th 2-3 2-3 "AH" by "AH of the first instance court," respectively.

The 11th of the first instance judgment "2013" shall be changed to "2013 around 2013".

The 11th to 11th of the judgment of the first instance court "no longer than 8 to 11" portion shall be written as follows.

In light of the fact that “In particular, J has managed the building of this case, most of the rent proceeds of the building of this case were reverted to H for a considerable period of time, and H has distributed them directly, it does not seem that there was an agreement between the Plaintiffs and the Defendant, etc. that the Defendant would directly pay the Plaintiffs rent or profit from the lease of the building of this case. Rather, H designated the Defendant, etc. to manage the building of this case, and the Defendant distributed part of the rent proceeds to H, H acquired part of the rent proceeds of the building of this case, and distributed the remainder to the co-owners of the land of this case, including the Plaintiffs, in accordance with the need or equity ratio of co-owners of the land of this case, including the Plaintiffs. It seems that the Plaintiffs and the Defendant concluded a lease agreement on the land of this case with the purport of allocating the rent proceeds of the building of this case according to the share ratio of the land of this case. The Plaintiffs’ primary claim cannot be accepted as follows:

“However, on October 21, 2015 and November 10, 2015, respectively, the Plaintiffs sent the content-certified mail demanding the Defendant to pay the rent for the land of this case (each point).

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