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(영문) 서울중앙지방법원 2017.02.07 2016가단5182855
건물명도
Text

1. Of the buildings listed in the attached Table 1 list, the Defendant points out each of the attached Form 2 drawings 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On May 8, 2013, the Plaintiff, among the buildings listed in the attached Table 1 list, leased to the Defendant as KRW 85,00,00 for lease deposit, KRW 80,00,00 for lease deposit, KRW 5,750,00 for monthly rent (excluding value-added tax) from May 8, 2013 to May 7, 2016 (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). B.

On February 25, 2016, the Plaintiff expressed his/her intent not to renew the instant lease agreement to the Defendant.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have expired on May 7, 2016. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay to the Plaintiff the amount of 6,325,00 won (=5,750,000 won x 1.1) per month from May 8, 2016 to the completion date of the delivery.

3. Judgment on the defendant's assertion

A. The Defendant asserts that the value of the instant real estate has increased objectively by investing expenses equivalent to KRW 6,462,00 in the instant real estate and carrying out improvement works, such as walls, floors, B/R poppy, other electrical construction, equipment, lighting, lighting, and COPM pipes, etc.

Accessories subject to the claim for purchase under Article 646 of the Civil Code are objects attached to a building, which belong to the lessee's ownership and do not constitute the constituent parts of the building, and which bring objective convenience to the use of the building. Therefore, the annexed objects are used solely for the special purpose of the lessee.

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