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(영문) 전주지방법원 2019.08.14 2018가단20608
건물인도
Text

1. As to KRW 3,400,000 and its KRW 700,00 among them, the Defendant shall pay to the Plaintiff KRW 2,70,000 from August 1, 2018.

Reasons

1. On August 1, 2012, the Defendant, including succession to, and termination of, a lease agreement, leased from C the 12th floor store of the first floor (the part (i) connected each point of the A, (b), (c), and (a) (hereinafter “instant store”) among the buildings listed in the separate sheet (hereinafter “instant store”) as a deposit deposit amount of KRW 5,00,000, monthly rent of KRW 350,000, and the lease period of KRW 24 months.

At the time, the defendant paid 10,000,000 won for the premium to the previous lessee, and thereafter, he operated the store of this case without adding or changing any facilities.

On June 19, 2015, the Plaintiff purchased the attached building from C, and the Plaintiff and the Defendant entered into a lease agreement to succeed to the previous lease agreement on August 12, 2015.

After that, upon the expiration of the lease term on July 31, 2018, the Defendant returned the instant store to the Plaintiff according to its condition.

The plaintiff did not receive a total of KRW 700,000,000 from the defendant's June and July of 2018, and as a result, it received an estimate for restoration to the original state, such as signboards and facilities, the amount of KRW 2,700,00.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 4-7, Eul evidence 1-1, and the purport of the whole pleadings

2. Judgment on the defendant's assertion

A. According to the above recognition, the plaintiff has the right to seek payment of the overdue rent of KRW 700,000 and the restitution cost of KRW 2,700,000 to the defendant.

B. As to this, the Defendant asserts that there is no duty to restore since it was used without adding or changing any facility after the Defendant leased it.

Unless there is a separate agreement to return the object due to the termination of the lease, the lessee should return it to the state at the time he/she was leased, and the lessee has the obligation to restore the object to the former lessee even if he/she was installed in the previous state.

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