(영문) 인천지방법원 부천지원 2018.05.25 2017가단10680

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(영문) 인천지방법원 부천지원 2018.05.25 2017가단10680

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. The land for a factory in Kimpo-si is 2,291 square meters.

Reasons

1. Facts of recognition;

A. On April 5, 2016, the Plaintiff: (a) fixed on April 5, 2016, the Plaintiff leased and handed over the instant building site C 2,291 square meters (hereinafter “instant land”) and the building indicated in the separate sheet owned by the Plaintiff on the land (hereinafter “instant building”) to the Defendant as of May 4, 2017 from the same date as the period of existence, and the following was included in the special agreement signed at the time:

A lessor shall consent to the report on a temporary building, and a lessee shall pay all administrative expenses incurred in relation to the temporary building.

B. The Defendant, among the land of this case, installed a temporary installation on the ground of the main body part of the land of this case and occupied and used the land of this case by installing a contact room on each ground of the main body part.

C. The instant complaint, on December 8, 2017, stating that the Plaintiff terminated the said lease on the grounds that the Defendant did not pay the rent from December 5, 2016, was stated on the date of the second pleading in which the Defendant’s legal representative attended, on December 8, 2017.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 6-8, the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to deliver the instant building to the Plaintiff, the owner of the instant land, remove each of the said temporary installation and container stuff to the Plaintiff, and deliver the said building from December 5, 2016 to the Plaintiff and pay the Plaintiff a rent of KRW 3,300,000 per month or a rent of unjust enrichment equivalent to the rent of KRW 3,300 per month until each of the said temporary installation and container stuff are removed.

B. The Defendant alleged the Defendant’s assertion as to the Defendant’s assertion: (i) the industrial power of the instant building was 20kW, and (ii) the Plaintiff agreed to perform electrical construction in 12,00,000 won in order to make it 60kW; and (iii) the said temporary building was to be paid by the Plaintiff.

유사 판례

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