(영문) 춘천지방법원 2015.01.30 2014나1991 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 춘천지방법원 2015.01.30 2014나1991

필요비 등

Text

1. An appeal against the Defendants by the Plaintiff (Counterclaim Defendant) and a selective claim filed for the delivery of the building in the trial.

Reasons

1. The court's explanation on this part of the basic facts is the same as the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination

A. After leasing the instant building, the Plaintiff demanded D, the owner of the instant building, to accept and use the inside and outside of the building, thereby demanding D to recognize the necessary and beneficial expenses. D, preparing the instant receipt, recognized at least KRW 50,000,000 as repair expenses.

Accordingly, the Plaintiff was attracting the instant building with the aforementioned repair expense claim as the secured claim, but the Defendants, the owner of the building, destroyed the Plaintiff’s locking device installed in the said building and deprived of possession thereof.

Therefore, the defendants are obligated to pay to each plaintiff the above 50,000,000 won and the damages for its delay as well as to return the above building in accordance with the right of possession recovery under Article 204(1) of the Civil Code.

B. As seen earlier, the following facts were examined: (a) the determination of specific cost-bearing and beneficial cost-bearing claim; (b) D made and made the receipt of this case with the purport of recognizing repair cost-bearing KRW 50 million to the Plaintiff; (c) however, the following circumstances are as follows: (a) although the lease deposit for the instant lease is merely KRW 10,00,000, the payment of KRW 50,000 for the instant building under the pretext of necessity and beneficial cost-based cost-based cost-based cost-based cost-based cost-based cost-based cost-based cost-based cost-based expenses; (b) D, with the Plaintiff’s receipt of this case, stated that the Plaintiff did not have paid expenses to maintain or enhance the value of the instant building; and (d) denying the contents of the above receipt by considering the following circumstances:

참조조문

-민법 제204조 제1항

-민사소송법 제420조

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