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(영문) 광주고등법원 2017.07.21 2016나16251
건물명도
Text

1. The portion of the decision of the court of first instance against the defendant in excess of the money ordered to be paid below.

Reasons

1. The reasoning of the judgment of the court of first instance cited the part of the defendant's additional defenses in the trial of the court of first instance is determined in the following 2., and it is identical to the reasoning of the judgment of the court of first instance except for a change of the contents of 3.3. as stated in the following 3., therefore, it is acceptable in accordance with the main sentence of Article 4

2. Determination as to the defendant's defenses added in the trial

A. 1) The defendant set up the parking management system at the defendant's expense in the parking management office, and accordingly the utility of the parking management office increased, the defendant asserted that he has the right of retention for the parking management office while holding the plaintiff a right to claim reimbursement for beneficial costs. 2) The tenant's right of retention for the parking management office is the cost invested by the tenant in order to increase the objective value of the leased property pursuant to Article 626 (2) of the Civil Code. Since there is no evidence to prove that the defendant increased the objective value of the parking management office, the above argument by the defendant is without reason to further examine the remainder.

B. 1) The Defendant asserts that the Defendant exercised the right to purchase the accessories against the Plaintiff as the shuttler and the shuttler fall under the accessories of the leased object in this case. 2) The lessee’s right to purchase the accessories under Article 646 of the Civil Act functions as a defense for the reason that the lessor’s right to request the removal of the accessories in the lease relationship, and as for the claim for the delivery of the accessories, the right to request the delivery of the buildings serves as a ground for exercising the right to request the payment of the purchase price of the accessories and the simultaneous performance.

In addition, appurtenances subject to the claim for purchase as stipulated in Article 646 of the Civil Code are attached to the building and are owned by the lessee.

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