건물인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons why a party member of the court of first instance shall explain this case are as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, because the defendant's reasoning is the same as the reasons for the judgment of the court of first instance, except for addition of the following judgments in
2. Additional matters to be determined;
A. The defendant asserts that the plaintiff cannot respond to the plaintiff's claim until the plaintiff is returned the necessary or beneficial expenses, since the defendant has the right to claim the return of the necessary or beneficial expenses concerning the store of this case.
On the other hand, it is necessary to prescribe the duty of repayment of the lessor in Article 626 of the Civil Code, which is the cost that the lessee has invested for the preservation of the leased object, the cost that the lessee has invested to increase the objective value of the leased object, and the increase in the value of the leased object in case of beneficial cost.
According to the appraisal result of the appraiser C of the trial of the case, it can be acknowledged that the defendant paid a total of KRW 20,554,319 for construction costs, such as the construction of floor project of the store of this case and the reinforcement floor, the improvement of the ceiling and the walls, the outside windows, the installation of the ceiling electric power line, the toilet and bathing room improvement works, and the boiler installation works. However, even if the defendant's assertion is based on the defendant's assertion, it is difficult to view the above construction costs as the cost invested to increase the preservation or objective value of the store of this case as the cost of interior works for the operation of the marina shop of this case at the store of this case, and even if the above construction costs for the household constitute the necessary and profit-making expenses to increase the preservation or objective value of the store of this case, the defendant agreed to waive the necessary or beneficial rights to the store of this case while entering into the lease contract of this case between the plaintiff and the plaintiff.