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(영문) 대법원 1958. 4. 24. 선고 4290민상867 판결
[가옥명도][집6민,018]
Main Issues

Treaty of the Jeonse and Monthly rent;

Summary of Judgment

The lease contract is customary that a person having a right to lease on a deposit basis does not pay a monthly rent as a bilateral contract with the content that a person having a right to lease on a deposit basis delivers a rent to the other party and occupies and uses a house owned by the other party for a prescribed period and kills a transplant of the rent and the deposit money

[Reference Provisions]

Article 600 of the Civil Act

Plaintiff-Appellee

House for immigration;

Defendant-Appellant

Park Jin-hee et al.

Judgment of the lower court

Seoul High Court Decision 57 civilian 608 delivered on October 18, 1957, Seoul High Court Decision 2008 delivered on October 18, 2007

Reasons

According to the reasoning of the first instance judgment cited by the original judgment, the lower court determined that the Defendant was obliged to pay the remainder after deducting 400,000,000 from the rent of 18,00 won per month from the execution date of the contract to the 100,000 won per month from the date of the contract to the 100,000 won per annum, by comprehensively taking account of the testimony of Gap evidence 2-1, 2-1, 2-1, 3-1, and 6-1 and 6-1 and the Plaintiff’s administrator as an administrator of the property of this case and taking into account these testimonys: (a) Lee Jong-hee-hee, Lee Jong-hee-hee and Lee Jong-hee-hee, Lee Jong-hee-hee, Lee Jong-hee, Lee, Jin-soo, and Ko Young-deok, and thus, (b) the lower court did not order the other party to whom the lease contract was executed, and (c) did not have the nature of the lease contract under the original judgment.

Justices Kim Jong-il (Presiding Justice)

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