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(영문) 의정부지방법원 2015.04.24 2014가단41292
건물명도 등
Text

1. The Plaintiff:

A. Defendant C shall deliver the real estate listed in the separate sheet, and shall attach from April 10, 2015, including KRW 8,300,000.

Reasons

1. Basic facts

A. On July 6, 2011, the Plaintiff and Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with respect to real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 10 million, monthly rent of KRW 600,000 (the monthly rent of KRW 700,000,000) as well as the lease period until August 9, 2014 (hereinafter “instant lease agreement”).

B. Defendant C paid KRW 5 million out of the lease deposit to the Plaintiff, and received the instant real estate from the Plaintiff and possessed it with Defendant B, the husband.

C. Meanwhile, by April 9, 2015, Defendant C does not pay a total of KRW 13.3 million per month rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings

2. The assertion and judgment

A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on August 9, 2014.

As such, Defendant C is obligated to deliver the instant real estate and to return unjust enrichment equivalent to the rent of KRW 8.3 million per month from April 10, 2015 to April 9, 2015, deducting KRW 5,000,000 from the rent of KRW 13.3 million until April 9, 2015, and the rent of KRW 7,000 per month from April 10, 2015 to the completion date of the delivery of the instant real estate, and Defendant B, the possessor, is obligated to withdraw from the instant real estate.

B. As to the determination of the Defendants’ assertion, the Defendants asserted to the effect that the Defendants cannot respond to the Plaintiff’s claim until they receive reimbursement of beneficial expenses equivalent to the aforementioned construction expenses, since they increased the value of real estate by constructing fences and container construction on the instant real estate.

According to the evidence No. 1 of this case, when the lease contract of this case is terminated, Defendant C, the lessee, agreed to restore the real estate of this case to its original state at the time of lease and return it to the lessor, which is the lessor. This is the defendant's right to demand reimbursement of the beneficial cost incurred to the leased building.

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