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(영문) 의정부지방법원 2017.04.06 2016나11456
건물인도 등
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 reasoning of the court's explanation concerning this case is as stated in the part of the judgment of the first instance except for the defendant's addition of the following judgments as to the matters alleged in the trial of the first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The gist of the Defendant’s assertion 1) As a result of water leakage due to the aging of the instant real estate, a large amount of water usage charges were imposed, and the Defendant paid the full amount of water usage charges imposed by the Defendant. Accordingly, the Plaintiff shall settle the amount of the water usage charges additionally paid by the Defendant due to water leakage. (2) The Defendant did not waive his right to demand reimbursement, unlike the beneficial cost at

Therefore, the plaintiff must reimburse the necessary expenses to the defendant.

B. Determination 1) As to the first argument, it is insufficient to recognize the above assertion, and there is no other evidence to prove it otherwise. Accordingly, this part of the Defendant’s assertion is without merit. 2) In full view of the purport of the entire argument in the statement in the evidence No. 2 and the purport of the argument as to the second argument, Article 5 of the instant lease agreement provides that “a lessee shall recover the above real estate and return it to the lessor upon the termination of the lease agreement,” and Paragraph 1 of the special agreement provides that “a lessee shall not demand compensation from the lessor at the expiration of the contract,” and Paragraph 2 provides that “a lessee shall not demand compensation from the lessor at the time of the expiration of the lease agreement, and the lessee shall pay and use the leased property at the time of the breakdown,” and it is reasonable to deem that the above agreement is a special agreement to waive in advance the lessee’s right to demand reimbursement for various

(See Supreme Court Decision 94Da20389, 20396 delivered on September 30, 1994, reference to Supreme Court Decision 94Da20396 delivered on September 30, 1994).

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