Cases
2019dan561711 Building Name Map (Delivery)
Plaintiff
A
Defendant
B
Conclusion of Pleadings
February 12, 2020
Imposition of Judgment
March 11, 2020
Text
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. It shall pay 16,158,106 won and 2,420,000 won per month from October 26, 2019 to the completion date of delivery of real estate listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
3. Paragraph 1 can be provisionally executed.
Purport of claim
The same shall apply to the order.
Reasons
The facts of the reasons for the attachment may be recognized by comprehensively taking into account the respective entries in the attached Form Nos. 1 through 4 and the overall purport of the pleadings. According to this, the lease contract between the plaintiff and the defendant is terminated upon termination. Thus, the defendant is obligated to deliver to the plaintiff the building entered in the attached Form No. 1, to deliver the building; ② to pay the plaintiff the total amount of 16,158,106 won for overdue rent and management expenses, etc. as of October 25, 2019; ③ to pay the amount of money calculated by the ratio of KRW 2,420,000 per month from October 26, 2019 to the completion of delivery of the building listed in the attached
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 is
The plaintiff's claim is reasonable, and it is so decided as per Disposition.
Judges
Judge Noh Dong-dong
Attached Form
A person shall be appointed.
A person shall be appointed.