(영문) 대전지방법원 2018.12.20 2018나3449 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.12.20 2018나3449

건물인도

Text

1. According to the counterclaim claim filed by this court, the plaintiff (Counterclaim defendant) is jointly and severally liable to the defendant (Counterclaim plaintiff) for 17.

Reasons

1. Basic facts

A. The relevant plaintiffs B are children of the plaintiff A.

The Defendant’s husband F is the Plaintiff’s husband F.

(See 6 pages). (b)

The plaintiffs' lease and renewal 1) The plaintiffs against the defendant on January 1, 2013 and the defendant on January 1, 2013, and the defendant D (hereinafter "the building of this case") owned by the plaintiff A to the defendant.

A) A lease agreement (Evidence A) that was leased from January 1, 2013 to January 24, 2013, with a deposit of KRW 20,000,000, monthly rent of KRW 600,000, and a lease agreement that was concluded on January 1, 2013 (Evidence A) was concluded only for Plaintiff B (see, e.g., evidence 1). The Defendant paid the said deposit around that time. (ii) The lease agreement as of January 1, 2013 increased to KRW 1,20,000 on January 1, 2015 (see, e.g., Defendant’s preparatory brief as of September 11, 2018).

C. On March 31, 2018, the Defendant received a demand from the Plaintiffs to raise the monthly rent, and ordered the Plaintiffs to order the instant building (the Plaintiffs withdrawn the principal claim filed with the first instance court).

(2) On January 1, 2013, the lease agreement between the plaintiffs and the defendant on March 31, 2018 was terminated by mutual agreement between the plaintiffs and the defendant on March 31, 2018.

【The reasons for recognition of evidence Nos. 1 and 9 (if there are more than one number, including the number; hereinafter the same shall apply) of the evidence Nos. 9 and the purport of the whole pleadings

2. The defendant's argument

A. During the lease period of the lease agreement dated January 1, 2013, the Defendant changed the ceiling and external construction of the instant building, which was attached only to the steel pole, to the light steel-frame prefabricated type and roof building, and excavated groundwater, thereby increasing the objective value of the said building.

The plaintiffs, who are lessors, are in accordance with Article 626(2) of the Civil Act.

참조조문

-민법 제626조 제2항

유사 판례

-대전지방법원 2018.09.13 2017나112407

-대전지방법원 2019.05.23 2017가합107050

-춘천지방법원 속초지원 2018.04.06 2017가단1709

-창원지방법원 2020.05.28 2019나54235

-서울남부지방법원 2015.01.06 2014가단39347