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(영문) 수원지방법원안산지원 2015.11.04 2015가단100068
건물명도
Text

1. The Defendants order the Plaintiff with each point indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

The indication of claims against Defendant C and D: as shown in the attached Form.

The applicable provisions of law: (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act) The plaintiff filed a claim against the defendant Eul on September 2, 2009 with respect to the second floor store in the attached list owned by the plaintiff on September 2, 2009 (hereinafter "the building of this case") shall be leased as security deposit 10,000,000, monthly rent 1,150,000, lease period from November 1, 2009 to 60 months; (i) the fact that the defendant Eul occupied the building by delivery; (ii) the fact that the lease contract of this case is terminated due to no dispute between the parties, or that the lease contract of this case is terminated due to the expiration of the period of validity can be acknowledged by adding the whole purport of pleadings in the attached list No. 1.

The defendant asserts that the plaintiff cannot respond to the plaintiff's claim until the settlement of 114,50,000 won is completed. If the purport of the whole pleadings is added to the items in the evidence Nos. 1 and 2, the defendant at the time of the lease agreement, "the lessee may remodel or alter the lease with the approval of the lessor, but the lessee will be placed at the lessee's expense before the return date of the real estate," and "the present condition of the building to be repaired after the lapse of 60 months (5 years)" is that "the lessee shall have the right to the present condition of the building to be repaired, and the lessee shall leave without any condition, and the contract shall expire automatically." This is reasonable to deem that it is a special agreement to waive in advance the tenant's right to demand reimbursement of the various beneficial costs incurred by the object of lease (see Supreme Court Decision 95Da12927, Jun. 30, 1995). The above defendant'

Therefore, the plaintiff's claim against the defendant B is accepted on the ground of the reasons.

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