(영문) 서울서부지방법원 2014.11.20 2014가단11478

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2014.11.20 2014가단11478

건물명도

Text

1. The defendant shall deliver to the plaintiff one floor among the real estate listed in the attached list.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. On August 9, 2009, the Defendant concluded a lease contract with the Plaintiff and the Defendant for the first floor, which is KRW 40,000,000, monthly rent of KRW 2,300,000, and the term of lease from August 15, 2009 to August 15, 2012, and entered into a restaurant business with the name of “C” in the first floor. On August 2012, the Plaintiff and the Defendant concluded a lease contract with the term of lease from August 16, 2012 to August 15, 2014.

B. On February 25, 2014, the Plaintiff notified the Defendant of his/her intention to refuse to renew the said lease agreement.

[Ground for Recognition] : Facts without dispute, entries in Gap evidence 1 to 3, the purport of whole pleadings

2. Determination:

A. According to the fact that the Defendant’s duty to deliver the instant real estate was recognized, since the lease agreement on the first floor among the instant real estate has expired on August 15, 2014, the Defendant is obligated to deliver the first floor among the instant real estate to the Plaintiff.

B. (1) The Defendant asserted that: (a) around 2008, the former lessee D paid KRW 79,594,000 to the leased object of the instant case with the Plaintiff’s consent; and (b) the Plaintiff had the right to claim reimbursement for beneficial expenses or the right to claim the attached expenses; (c) the Defendant paid KRW 120,000,000 for the premium to D on August 9, 2009; (d) succeeded to the right to claim reimbursement for beneficial expenses or the right to purchase attached expenses; and (e) the Defendant directly performed construction of 1,950,000,000 for the leased object of the instant case with the Defendant’s consent; and (e) the Plaintiff had the right to claim reimbursement for beneficial expenses or the right to claim the attached expenses, even if the construction of 1,950,000 won was carried out, it cannot comply with the Plaintiff’s claim for reimbursement for beneficial expenses or the right to claim the attached expenses.

(2) As to the claim for reimbursement of beneficial costs, the lessee of the building and the lessee of the building.

유사 판례

-서울서부지방법원 2016.11.29 2016가단25075

-수원지방법원 여주지원 2018.07.03 2017가단56082

-광주지방법원 2020.11.24 2020가단527044

-창원지방법원 2015.07.02 2014가단28469

-인천지방법원 2017.06.15 2016가단1754