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(영문) 서울고등법원 2020.09.10 2019나2021833
차임증액청구
Text

1. The plaintiff's appeal against the primary defendant and the conjunctive defendant is dismissed.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in the part of the “1. Basic Facts” to Chapter 3 under title 3 under title 2 through 6 of the judgment of the court of first instance, except for the cases of writing or adding some parts as follows. As such, this part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or supplementary parts] Part 4 of the judgment of the court of first instance shall be from the first to the last one.

this subsection shall be filled by the following:

“B. Defendant C is a building on the instant land, the size of 10 stories above ground and 5 stories below ground (hereinafter “instant building”).

After the new construction, the registration of initial ownership was completed on July 27, 2007, and on March 29, 2013, the registration of ownership transfer claim was completed on the ground of the promise to make a free contribution to the Plaintiff. Meanwhile, Defendant C and E Co., Ltd (hereinafter “E”).

A) On August 30, 2004, a lease agreement on the building of this case was concluded, and on April 20, 2007, a contract was concluded with the content that the lease period shall be for 20 years from July 1, 2007." "1,810,000,000 won" in Chapter 5 of the judgment of the first instance, "1,810,000,000 won" in Part 9 of the judgment of the first instance.

In the first instance judgment, the term "one thousand won" in the first instance judgment and the term "one thousand nine hundred won" in the second instance judgment and the first instance judgment in the second instance shall be added to "one thousand nine hundred won".

Part 5 of the judgment of the court of first instance was demanded in Part 17. The following shall be added:

From July 1, 2014 to June 30, 2016, the Plaintiff was paid KRW 2,220,066,313 each year from July 1, 2014 to June 30, 2016 as the rent, and KRW 2,220,06, and KRW 313 each year from July 1, 2016 to June 30, 2018. The Plaintiff was paid KRW 4,20,06, and KRW 313 each year, as follows:

G. Meanwhile, according to the result of the commission of appraisal of rent to appraiser F by the first instance court, according to each request for complementary appraisal of the first instance court and the appraiser by this court, appraiser is based on the expected interest rate calculated by deeming the actual use of the land in this case as the "temporary use", and the lease deposit is 900,000.

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