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(영문) 서울중앙지방법원 2017.01.19 2016가단5112184

건물명도

Text

1. The defendant shall receive KRW 6,000,000 from the plaintiff and at the same time enter in the list of attached real estate.

Reasons

1. Basic facts

가. 원고는 2011. 8. 12. 피고에게 별지 부동산 목록 기재 부동산 중 별지 도면 표시 ⑴, ⑵, ⑶, ⑷, ⑴의 각 점을 순차 연결한 선내 ㈎부분 6평(≒19.83㎡, 이하 ‘이 사건 점포’라 한다)을 보증금 600만 원, 월임료 50만 원, 임대차기간 2011. 8. 12.부터 2013. 8. 11.까지로 정하여 임대하였다

(hereinafter “instant lease agreement”). B.

Attached Form

The real estate list included in the list of real estate is planned to be included in the urban environment rearrangement project zone C, and the head of the Jung-gu Seoul Special Metropolitan City is authorized to implement the project on July 30, 2015 and publicly announced it.

C. Accordingly, on August 18, 2015 and September 10, 2015, the Plaintiff notified the Defendant that the instant lease contract will be terminated, and on May 18, 2016, the written complaint submitted as of May 18, 2016 expressed the Defendant’s intent to refuse the renewal.

[Reasons for Recognition] Uncontentious Facts, Gap 1 to 3 evidence, Gap 4-1 and 2's each entry, the purport of the whole pleadings

2. According to the facts of recognition as to the cause of the Plaintiff’s claim, the instant lease agreement was terminated on August 11, 2016 by expressing to the Defendant his/her intent to refuse renewal between six months and one month before the expiration of the lease term implicitly renewed by the Plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant’s claim 1 of the necessary or beneficial cost claim and the Defendant’s defense of the performance of the prior-performance claim are merely limited to trees with several boards attached on the roof and to warehouses made of soil, and the entrance is not properly installed, and the Defendant has repaired at his own expense the roof, columns, walls, etc. which are cut off and used. As such, the Plaintiff is obligated to reimburse the necessary expenses for the repair of the instant store or the beneficial expenses increased by the value of the instant store.