logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.23 2016나54994
건물명도
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including those resulting from the defendant’s participation.

Reasons

1. The reasoning for this court’s explanation is as stated in the reasoning of the judgment of the first instance except for any modification or addition as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The "Witness" among the grounds for recognition of the 6th part of the judgment of the first instance court that is modified shall be amended to "the witness of the first instance court".

The "Plaintiff" in the 19th part of the judgment of the first instance shall be amended to "Plaintiff".

3. The addition;

A. The plaintiffs' assertion and judgment 1) asserted that there was a limitation on the delegation period on each delegation period of this case. However, in light of the fact that the delegation period of this case did not specify any indication as to the delegation period, it is reasonable to view that the delegation period stated in "A evidence 17-2" that the delegation period of the management body sent to the plaintiffs constitutes the delegation period of the agency with the third floor lease agency for the third floor of shopping mall, and that the management body cannot be deemed as the delegation period of the power for the lease delegated by the owners with respect to the lease of the third floor of shopping mall. Thus, the above assertion by the plaintiffs cannot be accepted. 2) The plaintiffs did not agree to the short-term lease of the third floor of shopping mall.

However, according to the above evidence, the management body received delegation from all owners of the third floor of the shopping mall including the plaintiffs for the purpose of the lease of the third floor of the shopping mall. According to the above delegation, the management body entered into a lease contract for the third floor of the shopping mall, and according to the lease contract between the management body and R, R leases three floors of the shopping mall for two months, while the first one month is the leased of the shopping mall without paying the rent and the management fee on the condition that the whole partition of the third floor of the shopping mall is removed.

arrow