logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.02.19 2015가단27268
건물명도등
Text

1. The defendant points out each of the attached drawings 1, 2, 3, 4 and 1 among the land buildings in Busan Gangseo-gu Busan Metropolitan Government C, respectively.

Reasons

1. Determination on the cause of the claim

A. On January 1, 2014, the Plaintiff: (a) leased the part indicated in the order (hereinafter “the leased object”) among the Busan Gangseo-gu’s land (hereinafter “instant leased object”) to the Defendant on the basis of a deposit of KRW 100 million; (b) monthly rent of KRW 12 million; and (c) the period on September 30, 2018; (c) the Defendant operated a motor vehicle parts metal plant within the leased object; (d) the Defendant delayed the payment of rent from July 2014 to February 2015; and (e) on March 6, 2015, the Plaintiff sent to the Defendant a document evidencing that the said lease contract was terminated on the grounds of overdue payment; and (e) there is no dispute between the parties; or (e) the fact that the said content-certified mail sent to the Defendant around that time pursuant to the purport of each entry and pleading in the evidence No. 1 and No. 3.

B. Thus, the above lease contract was terminated by the termination of the plaintiff.

Therefore, the defendant is obligated to order the plaintiff to establish the leased object of this case, unless there are special circumstances.

2. As to the determination of the defense of this case, the defendant paid KRW 71,096,207 in total as necessary expenses for the preservation of the leased object of this case, and there is a defense that the plaintiff cannot express the leased object of this case before all of the above expenses are repaid from the plaintiff. Thus, according to the evidence No. 1, the defendant agreed on January 1, 2014 that "if the lease contract is terminated, the lessee shall restore the leased object of this case to its original state and return it to the lessor." This is reasonable to deem that the special agreement was made to waive the tenant's right to demand reimbursement of all beneficial or necessary expenses incurred by the lessee to the leased object of this case. Thus, it is reasonable to deem that the lease contract was a special agreement made to the effect that the lessee would return to the lessor the leased object of this case's original state and return the leased object of this case to the lessor.

arrow