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(영문) 인천지방법원 2019.05.08 2018가단31186
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) connect each point of the building indicated in the annex 1, 2, 3, 4, and 1 in sequence.

Reasons

In full view of the overall purport of the pleadings in Gap evidence Nos. 1 through 12 (including evidence with a serial number), the facts identical to the entry of the cause of the claim in the annexed sheet can be acknowledged.

(The defendant's defense of repayment is reflected in the following conclusion). The defendant constructed a facility by bringing about about KRW 300 million, and the plaintiff purchases the appropriate price.

It can be seen as a defense that intends to exercise the right to purchase ground objects or the right to purchase attached objects.

However, if the lease contract is terminated due to the lessee's default on the lease due to the lessee's default on the lease, it is difficult to recognize the lessee's right to purchase the appurtenances.

Moreover, there is no proof by the defendant as to whether the consent of the plaintiff was obtained, whether it was attached to the benefit of the use of the leased object itself, etc.

Therefore, the defense shall not be accepted.

Therefore, the defendant is obligated to pay to the plaintiff 60,701,200 won (as of April 4, 2019, excluding the portion of the plaintiff's person who has received repayment and made appropriation of the original as the overdue rent, electricity fee, and water fee, and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 6, 2019 (the day after a duplicate of the application for modification of the purport of claim has been served) to the day of complete payment, and to pay 3,806,00 won per month from April 4, 2019 to the day of the completion of delivery (the value-added tax amounting to KRW 4,00,000 per month).

The plaintiff's claim is accepted and the decision is rendered in favor of the plaintiff.

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