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(영문) 의정부지방법원 2016.10.07 2016가단20213
건물명도
Text

1. The defendant shall receive KRW 7.5 million from the plaintiff, and at the same time, the building stated in the attached list to the plaintiff.

Reasons

1. As to the cause of the claim, ① on December 18, 2015, the Plaintiff’s lease of the building listed in the separate sheet (hereinafter “instant building”) to the Defendant with a deposit of KRW 10 million, monthly rent of KRW 500,000,000, and the period from December 22, 2015 to December 21, 2016 (hereinafter “the instant lease agreement”); ② the Defendant’s lease agreement was not concluded between December 22, 2015 to September 21, 2016, and the Plaintiff’s lease agreement was concluded, and the remainder of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00.

According to the above facts, the defendant shall receive 7.5 million won from the plaintiff and deliver the building of this case to the plaintiff at the same time.

2. As to the Defendant’s assertion, the Defendant spent KRW 800,000,00 for the delivery and painting cost following the lease of the instant building. This constitutes a beneficial cost. As such, the Plaintiff asserts that the Defendant should pay KRW 800,000 to the Defendant. As such, inasmuch as the Plaintiff claims that the Plaintiff should pay the Defendant the beneficial cost, the lessor would reimburse the lessee’s amount or the increased amount only when the increase in the value is existing at the time of the termination of the lease (Article 626(2) of the Civil Act). Since there is no evidence to prove that there is an increase in the value of the instant building due to the Defendant’s above

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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