(영문) 대구지방법원 2017.10.27 2016가단115385

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(영문) 대구지방법원 2017.10.27 2016가단115385

건물명도

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the separate sheet;

B. 49,526.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 30, 2009, the Defendant entered into a lease agreement without a deposit, with respect to the real estate located in the redevelopment area (hereinafter “instant real estate”) on the monthly tax of KRW 2,00,000,000, and one year for the contract period, as stated in the attached list (hereinafter “instant real estate”).

Article 5 of the above lease agreement states that "a lessee may be reconstructed or altered with the approval of a lessor, but shall restore the property to its original state at the expense of a lessee before the date of return of the real estate," and the special agreement states that "the delivery facility cost may not be claimed by the lessor after one year, and the contract may be renewed again after one year, and the contract shall be automatically extended on November 30, 2009."

B. On February 3, 2006, the instant real estate had been transferred to the non-party company on February 3, 2006, and on the same day, the trust registration was completed with the Korean Asset Trust Co., Ltd., and on May 11, 2015, the ownership transfer registration was completed in the Plaintiff’s future.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. The fact that the Plaintiff succeeded to the instant lease agreement as it was at the time when the Plaintiff acquired the ownership of the instant real estate (the Plaintiff, premised on this premise, sought to terminate the said lease agreement and deliver the instant real estate to the Defendant, and the Defendant also sought necessary and beneficial expenses as shown below on the premise that it is the two or more occasions), and the fact that the Defendant was in arrears is not in dispute between the parties, and the Plaintiff, as the delivery of the copy of the instant complaint, declared the Defendant to terminate the contract, barring special circumstances, is obligated to deliver the instant real estate to the Plaintiff

B. It is based on the recognition of the obligation to pay the first rent or unjust enrichment equivalent to the rent.

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