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(영문) 의정부지방법원 2015.11.10 2015가단22199
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts - The Plaintiff leased, around March 30, 2012, real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant and C, respectively, by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 500,000,000, and the lease period from March 30, 2012 to March 30, 2013.

- On May 19, 2014, the Plaintiff terminated the above lease agreement on the grounds of overdue rent, and returned to the Defendant and C the remainder of 4 million won after deducting the overdue rent from the lease deposit.

- Afterward, the Plaintiff had the Defendant use the instant real estate without compensation, but expressed the Defendant’s intent to terminate the said loan agreement on April 13, 2014.

[Ground of recognition] Facts without dispute, evidence A1 through 3 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, since the above loan agreement between the plaintiff and the defendant on the real estate of this case was lawfully terminated by the plaintiff's expression of the above intent, the defendant is obligated to order the plaintiff to establish the real estate of this case.

B. (1) As the Defendant’s summary of the argument regarding the Defendant’s assertion has disbursed the repair cost, etc. on the instant real estate, the Plaintiff should compensate for it.

(2) The defendant's above assertion that the defendant has a lien on the expenses of the real estate in this case, and there is no assertion or proof as to the amount of the repair expenses paid by the defendant (including not only the repair expenses, but also the repair expenses constitute the expenses for lectures. In the case of a loan for use pursuant to Article 611 of the Civil Code, the necessary expenses are once borne by the borrower. Thus, even if the defendant paid the repair expenses, it cannot be claimed by the plaintiff even if they paid the repair expenses). The defendant's argument is rejected.

3. If so, the plaintiff's claim of this case is justified.

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