(영문) 춘천지방법원 강릉지원 2018.02.06 2016가단55604

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(영문) 춘천지방법원 강릉지원 2018.02.06 2016가단55604

건물명도

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1. The Defendant (Counterclaim Plaintiff) shall receive KRW 970,000 from the Plaintiff (Counterclaim Defendant) and shall list the Plaintiff as well as the Plaintiff’s list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 201, the Plaintiff leased the building listed in the separate sheet (hereinafter “instant building”) to the Defendant for KRW 9,700,000, monthly rent of KRW 330,000 including deposit money, value added tax, and KRW 330,00 for a period of two years. On August 1, 2014, the Plaintiff increased the monthly rent of KRW 350,000 on KRW 320,000, and the period of lease was changed to one year on August 1, 2015.

B. The rent that the Defendant delayed until October 31, 2016 is KRW 10,130,000.

C. The Plaintiff agreed to pay 1,400,000 won to the Defendant for waterworks construction work.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition as to the principal lawsuit, the Defendant is obligated to receive from the Plaintiff the payment of KRW 970,000 (=9,700,000 KRW 1,400,000 - KRW 10,130,000) and deliver the instant building to the Plaintiff at the same time, and pay to the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 320,00 per month from November 1, 2016 to the completion date of delivery of the instant building.

3. The defendant's assertion that he had installed fire-fighting systems equivalent to KRW 23,103,00 in the building of this case, and the above amount shall be claimed as beneficial cost.

According to the evidence No. 3, the defendant is acknowledged to have agreed to restore the building of this case to its original state and deliver it. According to the above agreement, it is reasonable to deem that the plaintiff and the defendant have waived their right to claim reimbursement of beneficial non-performance. Therefore, the above argument by the defendant is without merit.

4. According to the conclusion, the plaintiff's claim on the principal lawsuit is accepted on the grounds of its reasoning, and the defendant's counterclaim is dismissed on the grounds of its justification

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