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1. The Defendant (Counterclaim Plaintiff) receives KRW 52,993,921 from the Plaintiff (Counterclaim Defendant) simultaneously.
Reasons
. was certified to the effect that the above health care contract will be terminated as it expired;
E. Meanwhile, the Defendant’s expenses for toilets installed in the instant dispute building, two shower facilities, three ventilating facilities, three tent facilities, and outdoor entrance facilities, are equivalent to KRW 96,650,994 as indicated in the separate sheet, and the remaining value of the said facilities (hereinafter “instant facilities”) as of June 2014, around the time of the instant lawsuit, is equivalent to KRW 52,93,921 as indicated in the separate sheet.
【In the absence of dispute, the entry of Gap's 1-3, 5, Eul's 1-1-3, 4, Eul's 3 and 6 (including additional numbers), the appraiser's appraisal result, the whole purport of the pleading
2. Determination on the main claim
A. According to the above findings of the determination as to the cause of the claim, since the period of the instant health care contract expires, the Defendant is obligated to deliver the instant building to the Plaintiff, except in extenuating circumstances.
B. Determination as to the Defendant’s defense * The Defendant asserted to the effect that the Defendant cannot respond to the Plaintiff’s claim before receiving the amount equivalent to the purchase price of the accessory to the instant facilities, etc. that were installed in boiler rooms, built a roof and built concrete construction, and exercised the right to purchase the accessory facilities, etc. on the part of the instant facilities, etc. that were installed in the boiler room.
The object of the request for purchase under Article 646 of the Civil Act is a thing attached to a building, which belongs to the lessee's ownership, and is not a component of the building, and which brings an objective benefit to the use of the building. Therefore, the object attached to the building is not an object attached solely for the special purpose of the lessee, and the objective purpose of use of the building is between the parties at the time of the formation and lease of the building itself.