(영문) 수원고등법원 2020.06.18 2019나13182

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(영문) 수원고등법원 2020.06.18 2019나13182

부당이득금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases of cutting, deleting, or adding, the following as stated in the reasoning of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence of

A. C Co., Ltd. (hereinafter referred to as “C”) in Part II of the judgment of the first instance shall be added as follows:

On June 29, 1995, the following is added to the judgment of the first instance court of the "as it is possible to make a claim" of the fifth 15th of the judgment of the court of first instance.

Since the Plaintiff has the right to form a monthly rent for the instant communications room in lieu of exempting the Defendant, a lessee, from monthly rent for 10 years pursuant to the instant provision, the Defendant is obligated to pay the monthly rent determined and notified by the said right of formation (see the Plaintiff’s grounds of appeal as of July 2, 2019), the Defendant has the obligation to pay the monthly rent determined and notified by the said right of formation (see the Plaintiff’s grounds of appeal as of July 2, 2019) of the fifth 17th sentence of the first instance judgment of “4,160,000 as part of the KRW 1,162,80,000” in the fifth 17th sentence of the first instance judgment.

The fifth through sixth of the first instance judgment shall be dismissed as follows. The fifth to sixth of the first instance judgment shall be followed.

① ① From June 27, 2015 to July 8, 2015, KRW 2,022,400 (=5,056,000 x 12 days/30 x 12 days/30 days) ② From July 9, 2015 to February 8, 2019, KRW 217,408,000 (= KRW 5,056,000 x 43 months x 43 months) ③ From among the rents arising before June 27, 2015, the part regarding subparagraphs 7 through 14 in the first instance judgment is deleted.

Part 6 of the judgment of the first instance is added as follows.

A. The former trustee terminates his/her duties according to the determination of one trust act as to whether the Plaintiff is a lessor.

참조조문

-민사소송법 제420조

유사 판례

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