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(영문) 인천지방법원 2021.01.15 2019가합1622

건물명도등

Text

1. The defendant, among the 1st floor of the building listed in the attached list, each of the following sub-section 1, walp, walp, walp, walp, and walp.

Reasons

1. Facts of recognition;

A. The building indicated in the separate sheet is purchased by the Plaintiffs and completed the registration of ownership transfer on September 26, 2013, and is jointly owned by the Plaintiffs.

B. On September 28, 2018, the Plaintiffs leased each of the respective parts listed in paragraph (1) of the order among the above buildings to C Co., Ltd. from October 1, 2018 to September 30, 2020, deposit amount of KRW 253,200,000, and rent of KRW 25,50,000 per month.

(c)

The above company did not pay all the difference under the above lease agreement, and the plaintiff A notified that the above company will terminate the above lease agreement on behalf of the plaintiffs around September 2, 2019.

(d)

On October 23, 2020, the above company received a decision to commence rehabilitation procedures at the Seoul rehabilitation court (2020 Ma100146), and D, its representative director, was a legal administrator. The plaintiffs filed a request to resume the lawsuit and taken over the lawsuit in this case against the defendant.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1-2, Gap evidence No. 3, Gap evidence No. 4-1, the purport of the whole pleadings

2. Determination

A. According to the fact that the above lease contract was terminated by the plaintiffs' termination notice, the defendant is obligated to deliver each part of the disposition No. 1 which is the object leased to the plaintiffs.

B. The gist of the Defendant’s assertion 1) The Defendant: (a) carried around KRW 1.4 billion in order to use the above building as a factory; (b) carried out installation of electric power, fire-fighting, lighting, aerial early, and clean studio in order to use the building as a factory; and (c) in particular, approximately KRW 1 billion was spent in the clean studio construction of the second floor.

Since the portion of electricity, fire fighting, lighting, and early construction can be claimed for the benefit of the above building because it constitutes a beneficial expense for the above building, it shall be deducted from the plaintiff's claim amount. Since the clean studio is an accessory, the purchase right shall be exercised.

2) First, we examine the assertion of beneficial cost.

The evidence submitted by the defendant alone is to determine whether the defendant has existing interest or value in the part of the work.