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(영문) 전주지방법원 2018.08.08 2018가단4309
건물인도
Text

1. The defendant is paid KRW 302,580,000 from the plaintiff, and at the same time, among the first floor of the building indicated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On December 29, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the rent of KRW 7,200,00 (excluding value-added tax), and from January 1, 2017 to December 31, 2017, with respect to the portion (a) of 1,377 square meters in the attached Form among the 1st floor of the building listed in the attached Table owned by the Plaintiff, which was connected in sequence with each point of the 1,2,3,4, and 1 in the order, among the 1st floor of the building listed in the attached Table owned by the Plaintiff.

B. The instant lease agreement expired on December 31, 2017.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 3, and the purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the instant lease agreement between the plaintiff and the defendant has expired, the defendant is obligated to deliver the leased object to the plaintiff, barring special circumstances.

B. The defendant's argument 1) The main point of the argument is that since the defendant disbursed a total of KRW 302,580,000 as necessary and beneficial expenses with respect to the leased object of this case, the plaintiff reimburses the defendant for such expenses, and the defendant can exercise the right of retention on the leased object of this case based on this, so the plaintiff's obligation to reimburse expenses and the defendant's obligation to deliver the leased object of this case can be exercised simultaneously. 2) The defendant's possession of the leased object of this case in accordance with the lease contract of this case in accordance with the contract of this case, in the cost of installing the basic wall of this case, 14 million won as the cost of installing the basic wall of this case, 2.5 million won as the cost of installing the materials storage facilities, 2.5 million won as the cost of installing the materials storage facilities, 2.5 million won as the cost of expanding the water supply facilities, 2.7 million won as the cost of expanding the power supply facilities, 7.7 million won as the cost of expanding the repair facilities, 1.5 million won as the replacement cost.

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