(영문) 대구지방법원경주지원 2016.09.27 2016가단335 (1)

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(영문) 대구지방법원경주지원 2016.09.27 2016가단335 (1)

건물명도 등 청구

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1. The Defendant, from January 25, 2015, from 10,000 to 10,000 won from Plaintiff A, set cement block on the D ground of racing-si.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 2, 3, and 4 and the purport of the entire pleadings:

The Plaintiffs shared 1/2 shares of 47.32 square meters in the instant building and 47.32 square meters in the instant building (hereinafter referred to as “instant building”) of cement luxa luxa luxa and luxa luxa.

B. On July 25, 2013, Plaintiff A delegated the right to lease the instant building from Plaintiff B, a birthee, and leased the instant building to the Defendant by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 250,000 (payment on July 25, 201) and the lease term from July 25, 2013 to July 25, 2015.

C. On July 25, 2013, the Defendant paid the Plaintiff KRW 10,000,000 to the Plaintiff, and received and used the instant building from that time, and did not pay the rent for the instant building from January 25, 2015.

Plaintiff

A, on March 23, 2015, notified the Defendant of the refusal to renew the above lease contract, and at that time, the above notification was delivered to the Defendant.

2. According to the facts of the judgment on the cause of the claim, the lease contract on the instant building was terminated on July 25, 2015, and barring any special circumstance, the Defendant, barring any special circumstance, is obligated to deliver the instant building to the lessor or owner of the instant building to the Plaintiffs, and to return unjust enrichment equivalent to the rent of KRW 250,00 per month from July 26, 2015 to the completion date of delivery of the instant building, as the Plaintiffs seek, from January 25, 2015 to the completion date of delivery of the instant building.

3. Judgment on the defendant's assertion

A. The defendant asserts that since the value of the building of this case increases by carrying out the interior repair work of the building of this case with KRW 9,000,000, the plaintiff cannot comply with the plaintiffs' claim until receiving KRW 9,000,000 from the plaintiff.

However, in full view of the entry of No. 1 and the purport of the entire pleadings, the building of this case is concerned.

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