(영문) 춘천지방법원속초지원 2015.01.13 2014가단1692

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(영문) 춘천지방법원속초지원 2015.01.13 2014가단1692

건물인도 및 지료청구

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1. The defendant delivers the building indicated in the attached list to the plaintiff, and the building from October 16, 2014 to the above building.

Reasons

1. The Plaintiff’s determination as to the cause of the claim is the owner of the building listed in the attached Table (hereinafter “instant building”); the Defendant occupied the instant building and used the building as a residence, etc. from May 26, 2014 to acquired the Plaintiff’s ownership; the rent for the period from May 26, 2014 to October 15, 2014 to KRW 818,800; and the rent for the period from October 16, 2014 to October 16, 2014 to KRW 174,100 per month is not in dispute between the parties; or the fact that the rent for the period from May 26, 2014 to October 16, 2014 to KRW 174,00 per month cannot be acknowledged by comprehensively taking account of the following facts: according to the above recognition facts, the Defendant delivers the instant building to the Plaintiff; and the Plaintiff is obligated to return the rent for the period from May 26, 2014 to KRW 106 to 184.18

2. Judgment on the defendant's assertion

A. The Defendant asserts that the portion of the right of retention was paid KRW 60,00,00 for the construction cost of the instant building from D, the former owner of the instant building, and thereafter, the Defendant requested D to pay the construction cost after completing the said construction work on October 18, 1994, but did not receive the construction cost at all. As such, the Defendant asserted that the Plaintiff cannot accept the Plaintiff’s claim since it occupied the instant building and exercised the right of retention from the end of June 1994 to recover the claim for the said construction cost.

On the other hand, even if the defendant, as alleged by the defendant, has a claim for the construction cost of KRW 60,000,000 in relation to D with the instant building, the above claim is "claim for the Construction Work of the contractor" and the short-term extinctive prescription period of three years is applied pursuant to Article 163 subparagraph 3 of the Civil Act.

On the other hand, the above claims are delivered by the defendant from D at the latest.

참조조문

-민법 제163조 제3호

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