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(영문) 의정부지방법원 고양지원 2017.01.19 2016가단73616
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) joint with the Plaintiff (Counterclaim Defendant)

(a) on each land listed in the separate sheet;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 28, 2011, the Plaintiff entered into a lease agreement with the Defendants on each of the lands listed in the separate sheet (hereinafter “instant land”) that had been leased prior to several years (hereinafter “instant land”) by September 30, 2014 (i.e., one year extended from September 30, 2015) and five million won in annual rent (hereinafter “instant lease agreement”).

At the time, the defendant agreed to remove the ground facilities and restore them to their original state upon the expiration of the lease term.

B. The Plaintiff, on the instant land, installed six plastic houses on the instant land, and used and profit from the instant land by piling up used building materials.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the instant lease agreement was terminated on September 30, 2015 upon the expiration of the period, according to the above facts as to the claim on the main claim.

As such, the Defendants are jointly obligated to jointly remove or take advantage of the construction materials installed above the Plaintiff, and deliver the instant land, and to pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 416,66 per month from October 1, 2015 to the completion date of delivery of the instant land (=5 million ± 12 months, and less than KRW).

B. As to the counterclaim claim, the Plaintiff and the Defendants agreed to extend the contract term of the instant lease agreement for three years. The Defendants trusted that they repair the plastic house, and the Plaintiff reversed the agreement to extend the contract term without permission, and thus, the Defendants are obliged to pay KRW 16,300,000 of the plastic house repair cost as compensation for damages.

In full view of the purport of the entire arguments in the statement No. 1, the Plaintiff and the Defendants’ renewal of the instant lease agreement, such as extension of the contract term and increase of rent.

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