(영문) 부산지방법원 2016.02.18 2015가단54734

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(영문) 부산지방법원 2016.02.18 2015가단54734

원상회복및임료등

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1. All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) is about 23.3.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 23, 2012, the Plaintiff prepared a lease agreement with the Defendant that leases the instant real estate to the Defendant with the following content:

(hereinafter “instant lease agreement”). - Deposit: 25 million won: - Monthly rent: 800,000 won (payment on July 22): Term of lease: From July 23, 2012 to July 21, 2015 (the first renewed and the date of termination);

B. The Defendant paid 25 million won to the Plaintiff around the time of the instant lease agreement, and occupied and used the instant real estate from around that time, and delivered the instant real estate to the Plaintiff on June 17, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1, and Gap evidence 3

2. Demand and assertion by the parties and determination thereof

A. The plaintiff's assertion and the plaintiff's main claim (1) were distributed to the plaintiff's real estate of this case by using a remote area in the ceiling without the plaintiff's consent. In order to install air conditioners, the defendant excavated several holess in a size of 10cc on the wall, but the defendant did not restore the real estate to its original state by removing the boat or blocking the hole.

Accordingly, the defendant is obligated to remove the passage made in the ceiling to the plaintiff and restore it to its original state by preventing the hole.

(2) As above, the Defendant is obligated to pay unjust enrichment equivalent to the monthly rent from July 22, 2015 to the date restitution is made, and the unpaid amount of 1.6 million won and 7.6 million won and the unpaid amount of 204,710 won and the Defendant’s aggregate of 1,904,710 won and damages for delay shall be paid.

B. The Defendant’s assertion and counterclaim claim (1) is terminated. Since the Defendant delivered the instant real estate to the Plaintiff, the Plaintiff entered in the order, excluding the sum of KRW 1,904,710,000,000,000 for two months from 25 million to 1,60,000,000 for electricity, KRW 204,710, and KRW 100,000,000 for water supply, and this is related thereto.

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