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(영문) 부산고등법원(창원) 2016.05.19 2016나14
건물명도
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the part concerning the performance order under paragraph 2 below is applicable.

Reasons

1. The first instance court rendered a judgment that accepted part of the Plaintiff’s claim on the principal lawsuit and dismissed the Defendant’s counterclaim.

As to this, the Plaintiff appealed against the Plaintiff among the part on the principal lawsuit in the judgment of the court of first instance. Meanwhile, the Defendant filed an appeal against the Defendant regarding the part on the principal lawsuit in the judgment of first instance as to the counterclaim and the part on the counterclaim. However, even though the presiding judge of the court of first instance issued an order to dismiss the petition of appeal on December 21, 2015 because he/she failed to comply with the order within the amended period, and the order became final and conclusive around that time.

Therefore, the scope of the court's judgment is limited to the principal claim.

2. Basic facts

A. The Plaintiff and the Defendant’s lease contract 1) The Defendant indicated in the attached Form, which was owned by the Plaintiff around 2013 (hereinafter “instant building”).

3) Part of the 5th to 8th floor (hereinafter “instant building”).

(2) On November 5, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on the condition that the instant building is leased from the Plaintiff in order to carry out construction work suitable for the use of the instant building for the purpose of a convalescent hospital. The main contents of the agreement are as follows.

The lease deposit amount of 4,306.4 square meters (1,302.69 square meters) in total of 1,081.26 square meters (324.31 square meters) of 1,081.52 square meters (327.16 square meters) of 6 1,081.52 square meters (327.16 square meters) of 7 1,072.10 square meters (324.31 square meters) of 8 4,071.26 square meters (1,306.69 square meters): The lease period of 40 million won in monthly rent (1,300 million won in each month): From November 8, 2013 to November 7, 2016, Article 4 (Management Maintenance Expenses) is not the actual expense settlement system, and the management expenses are 4,00 square meters in common, including the monthly management expenses.

(hereinafter omitted) (2) The Defendant’s electricity, water, and water inside the leased building as business needs arise.

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