(영문) 서울고등법원 춘천재판부 2012.1.4. 선고 2011나1694 판결

(a) Attached 19,20,21,23,24,26,27,28,30, 31,32,32,32,33, and 19 of above-ground parking lots (a) which successively connect 947 square meters in parts (b) and 347 square meters of above-ground structures, 47 connected to 46 square meters of above-ground structures, 34,36,37,33, 32, 49, 40, 41, 43, 43, 43, 442, 43, 43, 42, 43, 42, 42, 34, 47, 477, 45 square meters of above-ground structures, 45 square meters of above-ground structures, 427 meters of above-ground structures, 35 square meters of above-ground structures, 34,35363,544, in succession.

B. Removal of an appraisal map in the attached Form 192, 193, 194, 195, 196, 197, 198, 199, and 192 attached hereto, among the facts in the following order: (a) and reference, from among the facts in the calculation of the 250,083m of forest C, Gangwon-gun, Gangwon-gun, Gangwon-gun, the area of the ship (a brick structure) above 67m2; and

D. From July 24, 201 to July 24, 2011, the amount equivalent to KRW 144,870 per month and the amount equivalent to KRW 13,840 per month from July 24, 2011 to the date of delivery of the land set forth in the above paragraph (a) and the amount equivalent to KRW 13,840 per month from July 24, 201 to the date of delivery of the part set forth in the above paragraph (b).

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The court's reasoning concerning this case is as stated in the reasoning of the first instance court's decision except for adding the following to the last nine parts of the sixth and nine parts of the first instance court's decision. Thus, this court's reasoning is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

[M] In light of Gap evidence No. 4’s overall purport of pleading, the Sungdu Industries Co., Ltd. leased each of the instant lands from the plaintiff on or around June 15, 2003, and thereafter, it is recognized that the above lease contract was terminated by the plaintiff’s notice of termination on or around June 2, 2004 in violation of the lease agreement. Thus, the defendant who acquired each of the instant buildings, etc. from the Sungdu Industry Co., Ltd. after July 2005 did not have the right to possess each of the instant lands, and can not exercise the right to purchase under the premise that he is a legitimate sub-lessee].

2. Conclusion

Therefore, the judgment of the court of first instance is justified, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices on the bench 32, 29, 40, 40, and 5."