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(영문) 서울고등법원 2019.10.16 2018나2070371
건물명도(인도)
Text

1. The judgment of the court of first instance, including the claims selectively added by this court, shall be modified as follows:

Reasons

1. The reasoning of the judgment of the court of first instance is as follows. Paragraph (2) below is the same as the reasoning of the judgment of the court of first instance, in addition to determining the claim for damages due to the illegal acts which the plaintiff added selectively by this court, and therefore, it is also accepted including the abbreviation pursuant to the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] In Part 8 of the first instance court's decision, " January 5, 2018" in Part 4 of the 8th instance court's decision shall be " January 5, 2017."

No. 21 of the judgment of the first instance court shall be deleted from 10 to 11.

Part 4 of the decision of the first instance court in Part 11 and the No. 6 of the decision of the first instance shall be deemed to be â…………………………â and â……………………

On December 31, 2016, the first instance court's decision of December 31, 201, "No. 31, 2017" in the 12th sentence.

2. Determination as to the plaintiff's selective addition in this court

A. The summary of the Plaintiff’s assertion is that the Defendants, even though they did not have the right to occupy the instant building upon termination of the instant lease agreement, occupied the instant building without permission, thereby causing considerable damages to the Plaintiff.

Therefore, the Defendants are obligated to pay the Plaintiff the monthly rent as compensation for damages caused by tort.

B. 1) A lessee’s obligation to return an object arising from the termination of a lease agreement and the duty to return the remainder of the deposit, which remains after deducting the lessor’s overdue rent, etc., are concurrently performed. Thus, inasmuch as a lessor does not lose the lessee’s right to defense of simultaneous performance due to the lessor’s performance, such as performing the duty to return the remainder of the lease agreement or providing legitimate performance, even if the lessee continues to possess the object after the termination of the lease agreement, such possession may not be deemed illegal possession, and the lessee is not liable for damages (see Supreme Court Decision 2015Da32585, Oct. 29, 2015).

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