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(영문) 서울중앙지방법원 2017.01.18 2015가단5381518

건물명도

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) Defendant C is a building E located in Seongbuk-gu Seoul Metropolitan Government D (hereinafter “instant building”) from the Plaintiff on October 28, 2010.

3) The former lease portion of the nine floors (hereinafter “the previous lease portion of this case”)

(B) On the following terms: “F Council members” (hereinafter “F Council members”) operated the “PP Hospital” after the deposit was paid. - From November 11, 2010 to November 10, 2015, Defendant C had disputes between the Plaintiff and the Plaintiff regarding the relocation of the business space of the FPP Hospital in the process of moving most of the house inside the house of this case to the third floor of the said building.

After all, there is a dispute over the method or scope of restoration to the original state (such as the method of removal of wastes and whether it is included in the natural construction work), and the use of elevators that can enter after the termination of the previous lease. Defendant C did not perform the duty to return the previous lease portion of this case, which is the leased object, on the ground that the Plaintiff did not perform the duty to return the lease deposit, on

3) While Defendant C and the Plaintiff had agreed on the method of restoring to the original state from around December 2015, around March 29, 2016, Defendant C and the Plaintiff accepted KRW 16,430,000 for the cost of estimating the Plaintiff’s estimate, delegated the construction work to the building management company for removal and restoration to the original state, and agreed to perform the duty of restoration and delivery by deducting the cost of construction from the lease deposit. Defendant C demanded the return of the lease deposit remaining after deducting the cost of construction agreed upon to the Plaintiff from the lease deposit. However, the Plaintiff refused to return the rent and management fee from November 2015 to March 2016, 2016, and the lease deposit amount from May 13, 2016.