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(영문) 대전지방법원 2015.10.15 2015가단12786

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 2, and 3, the plaintiff leased real estate recorded in the attached list to the defendant on April 19, 201 by setting the lease period from May 10, 201 to May 9, 2013, and the plaintiff and the defendant thereafter extended the lease period by May 10, 2015.

According to the above facts of recognition, since the lease contract between the plaintiff and the defendant between the plaintiff and the defendant has expired on May 10, 2015, the defendant is obligated to deliver the real estate stated in the attached list to the plaintiff.

As to this, the defendant asserts to the effect that he/she wishes to continue to lease until May 9, 2016 within the scope of increase of monthly rent under the Commercial Building Lease Protection Act.

However, the defendant's assertion cannot be accepted unless there is any evidence to prove that the defendant requested the renewal of the lease by the method stipulated in the Commercial Building Lease Protection Act.

In addition, the defendant asserts that he invested 30 million won of facility costs after the lease of the above real estate.

Even if the above assertion is understood as a claim for reimbursement of beneficial expenses, there is no evidence that the expenses the defendant spent are necessary or beneficial expenses, etc., and this part of the defendant's assertion is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.