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(영문) 서울고등법원 2015.12.04 2015나26629
건물명도등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the first instance cited in the judgment of the first instance is reasonable, and thus, citing the reasoning of this judgment by the main text of Article 420

2. Judgment on the assertion by this court

A. On June 18, 2013, the Defendant asserted that the right to claim reimbursement of useful expenses is established. The Defendant’s assertion is based on the lease agreement (No. 3, hereinafter “instant lease agreement”) that sets the lease period of one year from neighboring film scholars about each of the buildings of this case, and the rent of 200 million won without a deposit.

(B) The deposit amount of KRW 150,500,000,000,000,000,000,000,000,000,000,00

(2) According to Article 500 of the Civil Act, the term “a novation” means a contract that changes the essential part of the existing obligation and terminates the existing obligation and establishes a new obligation that is not identical to the former one. In the event that a new agreement is made with respect to the existing obligation, whether such agreement constitutes a novation or simply changes the maturity or repayment method of the existing obligation is determined by the parties’ intent. If the intent of the parties is not clear, it would result in a matter of interpretation of intent. Thus, in interpreting the intent of the parties, the new agreement is to be concluded and the motive and circumstances leading up to the conclusion of the agreement and the parties’ intent.

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