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(영문) 춘천지방법원 2014.01.21 2013가단6097

필요비 등

Text

1. The Plaintiff (Counterclaim Defendant) received KRW 50,000,000 from Nonparty D, and simultaneously received the payment from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 4, 2011, the Plaintiff leased from Nonparty D the leased deposit KRW 10,00,000, KRW 350,000 on the ship (hereinafter “instant building”) connected in order to each point of (a) part of (b) size 97.2 square meters and each point of (b) size 5, 6, 7, 8, and 5 of the same drawings, among the real estate listed in the separate sheet, among the real estate listed in the separate sheet, to Nonparty D’s KRW 1,2,3,4, and KRW 30,000 (hereinafter “instant lease”). At present, the Plaintiff occupied the said building.

B. D drafted, April 29, 201, a receipt of April 29, 2011 (hereinafter “instant receipt”) stating that “The Plaintiff recognizes KRW 50,000,000 of the repair cost” as to the instant building.

C. A voluntary auction (hereinafter “instant auction procedure”) was commenced with respect to the instant building that was owned D upon a request for auction by an agricultural cooperative, Dong-dong, Agricultural Cooperative. In the said auction procedure, the Defendants acquired the ownership of the instant building as one half of each of the shares by fully paying the sale price on April 2, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff asserted that the Plaintiff leased the instant building and demanded D, the owner of the instant building, to accept and use the inside and outside of the building, and that it would be required to recognize the necessary expenses and beneficial expenses. D, in preparing the instant receipt, at least KRW 50,000,000. Therefore, the Defendants, the owner of the instant building, are liable to pay each Plaintiff the said KRW 50,000,000 and the damages for delay thereof. 2) On September 23, 2000, prior to the conclusion of the instant lease agreement, the Defendants, the owner of the instant building, are obligated to pay each other the said KRW 50,00,000 and the damages for delay thereof.