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(영문) 춘천지방법원 강릉지원 2018.07.18 2017가단34550
건물명도(인도)
Text

1. The Plaintiff shall be affiliated with the real estate stated in the attached list, and a.

Defendant C shall leave from each of the above real estate, and B.

Reasons

1. Facts of recognition;

A. On January 1, 2015, the Plaintiff leased each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to Defendant B as a clothing warehouse, setting the lease period of 24 months, lease deposit of 1,000,000 won, monthly rent of 70,000 won, and the purpose of use of each of the real estate listed in the separate sheet owned by the Plaintiff.

(hereinafter “instant lease agreement”). Defendant C, as the mother of Defendant B, affixed his seal to the lessee’s column of the instant lease agreement along with Defendant B’s seal.

B. Defendant C remodeled the instant real estate into a residential household building, and resides in the instant real estate.

C. On March 16, 2017, the Plaintiff notified the Defendants of the termination of a lease agreement following the change of the use of the instant real estate without permission by content-certified mail, and gave a withdrawal and request for extradition following the termination of the lease term, and reached the Defendants around that time.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 4, and 5 (including virtual numbers), the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, it was lawfully terminated by the plaintiff's notice of termination of the above lease contract.

As such, Defendant B is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated at the rate of KRW 70,000 per month from January 1, 2017 to the completion date of delivery of the said real estate, barring special circumstances, and Defendant C is obligated to withdraw from the instant real estate.

3. The defendant's assertion and judgment

A. As to the claim for reimbursement of beneficial costs, Defendant C asserts to the effect that the pertinent real estate has the right to attract the instant real estate until the reimbursement of the pertinent beneficial costs is made, since the beneficial costs equivalent to approximately KRW 10 million have been spent by construction works such as a ceiling and floor concrete construction, and a portable toilet construction, etc., on the instant real estate.

In order to objectively increase the value of the instant real estate, the Defendants were to do so.

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