(영문) 수원지방법원 2019.11.07 2019나3964 | 리걸엔진

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(영문) 수원지방법원 2019.11.07 2019나3964

건물명도등

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1. The judgment of the court of first instance is modified as follows.

The defendant shall make up to the plaintiff the first floor above the F in terms of harmony with the plaintiff.

Reasons

1. Facts of recognition;

A. On January 30, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting a deposit of KRW 10,000,000 for the instant building owned by the Plaintiff, monthly rent of KRW 1,80,000, and a period of one year for the instant building (hereinafter “instant lease agreement”).

B. On December 2017, the Plaintiff and the Defendant agreed to terminate the instant lease agreement, and agreed to deduct and settle the total amount of KRW 10,800,000 in arrears from July 2017, and the said lease deposit. However, the Plaintiff permitted the Defendant to use the instant building without further rent until February 2018.

C. However, the Defendant, around February 2018, did not deliver the instant building to the Plaintiff with the machinery and equipment, electronic equipment, furniture, container stuffs, and other equipment and facilities up to about 48 kinds of the entrance doors of the instant building as they are located in the instant building.

On February 20, 2019, after the judgment of the court of first instance was rendered, the Plaintiff was handed over the instant building by means of the delivery and execution of real estate, the title of which was the judgment of the court of first instance that declared provisional execution.

E. Meanwhile, the Plaintiff, as electricity charges on the instant building, paid KRW 426,710 on December 2017, and KRW 369,90 on January 2018, and KRW 406,090 on February 2, 2018, totaling KRW 1,202,70 on behalf of the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 7, 9 through 12, Eul 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was lawfully concluded on or around December 2017, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff as a duty to restore it to the original state.

In addition, since from March 1, 2018, the defendant occupied the building of this case without legitimate title and caused damage to the plaintiff to prevent the use or profit-making of the building of this case.

유사 판례

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