(영문) 서울고등법원 2018.05.03 2017나2023088

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(영문) 서울고등법원 2018.05.03 2017나2023088

지료 등 청구의 소

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1. Of the judgment of the court of first instance with respect to the claim for payment, the following amount exceeds the amount ordered to be paid.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 5 of the judgment of the court of first instance, which is dismissed or added, “whether there exists a lease agreement relationship (the main cause of claim)” is “A. A. The Defendants’ land use relationship before acquiring the ownership of the instant building.”

Part 5 of the judgment of the first instance court, the term "the instant lease contract" in Part 12 is "the existing land lease contract of this case".

On the 5th page 12 and 13 of the judgment of the court of first instance, "no dispute exists between the parties with respect to the points" shall be determined as "the facts shall not be disputed between the parties, or shall be recognized by comprehensively considering the respective entries in No. 1, No. 2, and No. 1, and No. 1, and the overall purport of arguments."

The following shall be added to the sixthth sentence of the first instance court:

In addition, according to the facts acknowledged earlier, the Defendants received from H on March 24, 2012 each share of 45682.68/68 of the instant land as legacy and completed the registration of ownership transfer by reason of legacy on May 23, 2012. The Defendants acquired each share of land on May 23, 2012.

From 6th to 14th to 18th to 6th to 12th to 6th to 14th to 19th to 10th to 10

4. According to the facts found above, the plaintiffs succeeded to the status of a joint lessor under the existing land lease agreement of the deceased E as the heir of the deceased E in the form of a consultation and division.

In addition, the status of tenant under the existing land lease contract of this case is succeeded to the heir of the network H.

Meanwhile, there is no assertion or proof that the existing land lease contract of this case was terminated before May 22, 2012.

참조조문

-민사소송법 제420조

유사 판례

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