(영문) 수원지방법원 2017.10.17 2017가단508006

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(영문) 수원지방법원 2017.10.17 2017가단508006

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) receives KRW 150,000,000 from the Plaintiff (Counterclaim Defendant) and redeems the amount.

Reasons

1. Of the Plaintiff’s principal lawsuit, the judgment on the Plaintiff’s claim for the name of the building and the Defendant’s counterclaim

A. On January 29, 2015, the Plaintiff and the Defendant concluded a lease agreement with the term of KRW 150,000,000 for the instant building owned by the Plaintiff, and the term of lease from March 25, 2015 to March 25, 2017. The fact that the instant lease agreement terminated due to the expiration of the term of lease is no dispute between the parties.

B. According to the above facts, the defendant is obligated to order the plaintiff to present the building of this case in return for the payment of KRW 150,000,000 from the plaintiff, and the plaintiff is obligated to pay KRW 150,000,000 to the defendant in return for order and repayment of the building of this case from the defendant.

2. Determination as to a claim for damages among the plaintiff's principal claim

A. The plaintiff's assertion is that the defendant used the building of this case: (a) as to the use of the building of this case, (b) as to the water from the toilet to the below floor flow out of the house, (c) as to the water flow out of the house through the corridor, (d) as to the water flow out of the house, (e) as to the water flow out of the house, (d) as to the water flow out of the entrance, (e) as to the water flow out of the balcony, (e) as to the water flow out of the house, (d) as to the water flow out of the toilet, (e) as to the water flow out of the entrance, (e) as to the water flow out of the toilet, and (e) as to the water flow out of the toilet room, (e) as to the water flow out of the toilet room, and (e) as to the water flow out of the toilet room, (e) as to the expenses for restitution, the plaintiff is obligated to pay for the damage to its original status.

B. The evidence submitted by the Plaintiff and the result of the on-site inspection by this court alone are insufficient to recognize that the Defendant damaged the building of this case as alleged by the Plaintiff, and there is no other evidence to acknowledge it, and the above assertion by the Plaintiff is

3. The plaintiff's main claim is accepted within the scope of the above recognition, and the remainder of the main claim.

유사 판례

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-대법원 2016.10.13.선고 2016다226745 판결

-울산지방법원 2020.11.12 2019나14998