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(영문) 수원지방법원 2020.03.11 2019가단561711
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) From 16,158,106 won and October 26, 2019

Reasons

Attached Form

Facts in the cause of the claim may be acknowledged by taking into account the respective descriptions in subparagraphs 1 through 4 and the whole purport of the pleadings.

According to this, since the lease contract between the plaintiff and the defendant is terminated by termination, the defendant is obligated to deliver the building listed in the attached Table to the plaintiff, and to pay the plaintiff the sum of KRW 16,158,106, including overdue rent and management expenses, etc. as of October 25, 2019, and ③ to pay the amount of money with the ratio of KRW 2,420,000 per month from October 26, 2019 to the completion date of delivery of the building listed in the attached Table.

In regard to this, the Defendant alleged to the effect that the Plaintiff cannot respond to the Plaintiff’s claim until receiving reimbursement of the beneficial cost of KRW 30 million for the building listed in the separate sheet, but there is no proof as to the amount disbursed or the increase in the existing amount as beneficial cost. Moreover, the Plaintiff and the Defendant agreed to reinstate at the time of the lease agreement (Evidence A No. 1) is an agreement to give up in advance the right to demand reimbursement of the beneficial cost (see Supreme Court Decision 73Da2010, Apr. 22, 1975), and the above assertion

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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