beta
Text
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following determination as to the claim for reimbursement of beneficial expenses added by the Defendants in this court, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.
2. The Defendants asserted that the Defendants did not have a duty to deliver each real estate listed in the separate sheet No. 1 and No. 2 until October 2012, as the Defendants occupied each real estate listed in the separate sheet No. 1 and No. 2, with respect to each real estate listed in the separate sheet No. 1 and No. 2 from October 2012, the costs equivalent to KRW 454,992,00 in total were spent for construction works, fire-fighting facilities, sports museum interior works, rooftop waterproof, external wall design works, and installation works, etc., and their value remains.
However, Article 626(2) of the Civil Act provides for a lessor's duty to repay refers to the cost disbursed by the lessee in order to increase the objective value of the leased property, and only if there is an increase in the value thereof, the lessee may claim reimbursement of the amount of expenditure or the increased amount. Each entry in B 1 through 6 (including each number) is insufficient to recognize that the Defendants spent the same amount of money as claimed by the Defendants in order to increase the objective value of each real estate listed in the separate sheet Nos. 1 and 2. Accordingly, it is insufficient to recognize that there is an increase in the value of each real estate listed in the separate sheet No. 1 and
Therefore, this part of the defendants' assertion is rejected.
3. In conclusion, the plaintiffs' claim of this case is reasonable, and the judgment of the court of first instance is just, and the appeal by the defendants is dismissed as it is without merit. It is so decided as per Disposition.