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(영문) 부산지방법원 2019.10.11 2019나48486
건물명도(인도)
Text

1. Each appeal by the Defendants is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. In addition to adding the following judgments, the court’s explanation on the instant case is identical to the reasoning of the judgment of the first instance. Therefore, the judgment of the first instance is cited by the main sentence of Article 420 of the Civil Procedure Act.

In addition, the defendant asserts that "the plaintiff is unable to pay the premium to the defendants who are new tenants, thereby causing damage to the defendants, including about KRW 80,000,000,000 for the premium for facilities, and that the plaintiff is obligated to pay the defendants the expenses of director and other expenses of KRW 10,000,000." In addition, the plaintiff asserts that "the tenant shall not interfere with the payment of the premium to the new tenant who is arranged by the lessee under the premium contract by doing any act falling under any of the following subparagraphs from three months before the lease term expires until the termination of the lease: Provided, That this shall not apply to cases where any ground falling under any of subparagraphs of Article 10 (1) of the same Act exists, and the defendant's assertion that "the lessee is equal to the amount of rent for the three period," under Article 10 (1) 1 of the Commercial Building Lease Protection Act cannot be accepted from around 100,000,000 for more than 10,000.

2. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.

The judgment of the court of first instance is just in conclusion, and thus, the defendants' appeal is dismissed as it is without merit.

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