beta
(영문) 울산지방법원 2017.11.08 2017가단51237

건물명도(인도)

Text

1. The Plaintiff’s lawsuit of this case is entirely composed of an indoor interior interior interior interior interior interior interior interior interior interior interior 164.40 square meters of real estate indicated in the attached list.

Reasons

On October 24, 2014, the Plaintiff leased 164.40 square meters on the first floor of the building indicated in the attached list (hereinafter referred to as the “instant store”) to the Defendant by setting the deposit amount of KRW 50 million, monthly rent of KRW 2.5 million, and the lease term from December 1, 2014 to December 1, 2016.

[A] After that, around November 2, 2016, the term of the lease contract was extended by setting the monthly rent of KRW 3,135,000 (monthly rent of KRW 2,700,000, KRW 150,000, KRW 155,000, KRW 285,000, and KRW 285,00) from December 1, 2016 to November 31, 2017.

[Attachment 4 and hereinafter the renewal contract of the lease of this case] The plaintiff, while entering into the renewal contract of this case, did not perform properly the removal of illegal buildings and water leakage and flood control construction as agreed by the defendant while cancelling the renewal contract of this case, and the claim of this case seeking the removal of illegal buildings and the purchase of building name, etc., the defendant responded to the claim for the name of the building that the plaintiff seeks through the preparatory document dated July 17, 2017.

It is clear that the defendant's answer includes the purport of both recognizing the removal of the plaintiff and returning it to its original state.

Therefore, all of the claims filed by the plaintiff seeking removal of each part of (A), (b), and (c) and the order of the store of this case shall be accepted.

Next, this paper examines the part seeking all removal of interior interior interior interior interior interior of the store of this case.

In civil procedure, the rights or legal relations determined by the Plaintiff as the subject matter of a lawsuit should be specifically "specific" so that the contents and scope thereof can be clearly identified. If the subject matter of a lawsuit is not specified, the court shall not determine the subject matter of a trial and the scope of validity of a trial. Therefore, whether the subject matter of a lawsuit is specified belongs to the matter of ex

(See Supreme Court Decision 2010Da87641 Decided March 10, 201, and Supreme Court Decision 2011Da28946 Decided March 14, 2013, etc.). The Plaintiff’s lawsuit in this case.