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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On May 11, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease to the Defendant by setting the lease deposit amount of KRW 40 million, monthly rent of KRW 140 million, and the lease term from June 11, 2012 to June 10, 2014.
On June 10, 2014, the Defendant’s expiration of the lease term, the director’s defects in the instant real estate, and the Plaintiff’s removal cost is the same as KRW 1.5 million to the Defendant.
5. The sum of KRW 2 million paid at the horse was 3.5 million deducted from the lease deposit, and the remainder was 36.5 million.
Therefore, the defendant argued to the effect that it is unfair to deduct 2 million won and 1.5 million won from the cost of the facility even though the plaintiff received the facility from a new lessee. On June 13, 2014, the plaintiff requested the defendant to restore the facility in the instant real estate to its original state after removing the facility in the instant real estate. On June 17, 2014, the plaintiff sent "a reply to the plaintiff's withdrawal of all civil and criminal measures for the plaintiff's possession of the leased object" (Evidence 5).
[Ground of recognition] The Plaintiff’s assertion by the Plaintiff as to the purport of the entire pleadings and evidence Nos. 1, 2, 4, 5, and 1, as to the Plaintiff’s assertion by the Plaintiff. The Plaintiff notified the Defendant that “the Defendant would withdraw a civil or criminal measure against the deprivation of possession,” without restoring the ownership of the instant real estate to its original state. Therefore, the Defendant did not express the instant real estate. Accordingly, the Defendant is obliged to pay to the Plaintiff KRW 1,40,00 per month for unjust enrichment or damages from June 11, 2014 to January 18, 2015 when the possession of the instant real estate was terminated by the Defendant renounced the ownership of the instant real estate, and the cost of removal is KRW 4010,000 and KRW 2014.
6. 770,00 won and damages for delay claimed by the Plaintiff out of the total sum of 3,560,423 won for management expenses incurred from November 1.