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(영문) 서울중앙지방법원 2016.10.28 2016나19137
건물명도
Text

1. It includes the Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim that was changed from the trial.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in Paragraph 1 of the reasoning of the judgment of the first instance, except where the part of the judgment of the first instance is cited or added as follows. As such, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary or written parts of the judgment of the court of first instance】 The following shall be added between the fourth and second of the judgment of the court of first instance

G. On March 15, 2016, the Plaintiff deposited KRW 1,995,459 as the Defendant with the Seoul Central District Court No. 5456 on March 15, 2016, the remaining deposit amount of KRW 1,95,459 according to the judgment of the first instance court. The grounds for recognition of the fourth to fourth to fourth of the judgment of the first instance court are as follows.

"In the absence of any dispute, Gap's 1 through 4, 6 through 12, and 14 (including each number), Eul's 1 through 8, Eul's partial testimony or video, the result of on-site inspection by the court of first instance, the purport of all pleadings"

2. Determination on the main claim

A. Determination as to a lessor’s request for delivery under Article 502 of the Civil Act (see, e.g., Supreme Court Decision 201Da107405, Mar. 29, 2012) The lessor’s duty of repair is acknowledged to the extent necessary to allow the lessee to use and benefit from the leased object according to the purpose of the lease, barring any special circumstance. Whether it constitutes interference with use and benefit arising from the lessor’s repair obligation ought to be determined by social norms, taking into account all the circumstances, such as the type and use of the object, the scale and degree of damage or impairment of the object, the degree of the effect that the lessor may use and benefit from the object, whether it is easy to repair it, the cost and expenses needed therefor, and the amount of rent at the time of the lease (see, e.g., Supreme Court Decision 2011Da107405, Mar. 29, 201).

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