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(영문) 대전지방법원 2016.09.13 2015가단227182
건물명도
Text

1. From October 25, 2015 to the next completion date of delivery of a building, the Defendant from the Plaintiff KRW 10,000,000 to October 25, 200.

Reasons

1. Facts of recognition;

A. The Plaintiff’s attachment on October 24, 2010 to the Defendant

1. Attached Form 2 among the second floors of the indicated building;

2. Drawing Nos. 1, 2, 3, 4, 5, 6, and 1 (hereinafter “instant building”) of approximately 40 square meters (hereinafter “instant building”) was set and leased as KRW 10,000,000, monthly rent, by October 24, 2015, which connected each point in sequence, until October 24, 2015.

From that time, the defendant occupied and used the building of this case from that time to that time.

B. On June 2, 2015, the Plaintiff sent to the Defendant a notice of termination that the lease contract will be terminated upon the termination of the lease contract.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1 to 5, the purport of the whole pleadings

2. Determination:

A. According to the above facts, a lease agreement on the instant building between the Plaintiff and the Defendant was terminated upon the lapse of October 24, 2015, which is the term of lease.

Therefore, the Defendant is obliged to deliver the instant building to the Plaintiff at the same time receiving money from the Plaintiff after deducting the amount of unjust enrichment calculated at the rate of KRW 600,000 per month from October 25, 2015 to the completion date of delivery of the instant building.

B. Although the Defendant seems to have claimed the right to claim reimbursement of beneficial costs by having to recover the cost invested in the instant building, it does not accept the Defendant’s assertion, there is no specific assertion or proof.

3. Therefore, the plaintiff's claim of this case is accepted for reasons of the conclusion.

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