(영문) 대구지방법원 2016.09.13 2016가단1387

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(영문) 대구지방법원 2016.09.13 2016가단1387

건물명도

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1. The defendant (Counterclaim defendant) shall deliver to the plaintiff (Counterclaim defendant) the building indicating the attached property.

2...

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The building indicated on the attached real estate (hereinafter “instant building”) is owned by the Plaintiff.

B. The defendant currently occupies the building of this case.

C. On July 16, 2006, the Defendant leased the building located in Daegu Suwon-gu, a building adjoining to the instant building, from C, the Plaintiff’s mother. On May 2007, the Plaintiff decided to lease the instant building from the Plaintiff at KRW 30 million. On May 4, 2007, the Defendant transferred the instant building to the deposit account in the name of C, the amount of KRW 10 million on May 4, 2007, and the amount of KRW 20 million on May 25, 2007, respectively.

However, after May 2007, the Defendant did not use the instant building. On August 10, 2010, the Plaintiff and the Defendant drafted a lease agreement with respect to the instant building as follows.

- Deposit: 30 million won - Period: From August 10, 2010 to 24 months - Special agreement: the lessee will establish chonsegwon, if necessary.

(b) Of the costs of remodeling, the lessor shall bear 4 million won out of the total costs (as approximately 11 million won).

E. On September 2010, the Plaintiff and the Defendant agreed to cancel the lease agreement as of August 10, 2010, and the Plaintiff returned to the Defendant in the name of C KRW 15 million on September 29, 2010 and KRW 30 million on October 20, 2010.

E. On March 20, 2011, the Plaintiff and the Defendant drafted a lease agreement with respect to the instant building as follows:

- No deposit, rent: - Period: 60 months from March 20, 2011 - Each entry in the evidence Nos. 1 through 5, evidence No. 1 (including each number), and the purport of the whole pleadings.

2. The lease contract dated March 20, 201 between the Plaintiff and the Defendant on the instant building due to the occurrence of the duty to deliver the building was terminated due to the expiration of the period of March 20, 2016.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

3. Determination as to the claim for rebuilding expenses, beneficial expenses, and necessary expenses

(a) Remodelling costs; 1.

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