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(영문) 인천지방법원부천지원 2015.10.16 2015가단12088
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From April 1, 2015, the above real estate.

Reasons

1. Facts of recognition;

A. On March 19, 2012, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant real estate”) by stipulating that deposit of KRW 10,00,000, monthly rent of KRW 900,000, and the period from April 1, 2012 to March 31, 2015, when the lease agreement is terminated, the lessee restores the instant real estate to its original state and return it to the lessor. The lessee does not demand additional facility costs and premiums upon the expiration of the contract under a special agreement, and the lessee does not demand the lessor to transfer the current status to the lessor.

(hereinafter “instant lease agreement”). B.

The Defendant used the instant real estate by taking over it from the Plaintiff. The Defendant did not delay the rent from July 2012 from March 2015 to KRW 10,000.

C. Around April 5, 2015, the Plaintiff demanded the Defendant to deliver the instant real estate on the ground that the instant lease agreement expired, but the Defendant did not comply therewith.

[Ground of recognition] Facts without dispute, Gap evidence 2, evidence 3-1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination on the cause of the claim, the instant lease agreement is deemed to have expired on March 31, 2015, and barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 900,000 per month from April 1, 2015 to the completion date of delivery of the instant real estate.

B. The judgment on the Defendant’s assertion or defense is necessary, or the Defendant’s defense on the right to claim reimbursement for useful costs, which is equivalent to KRW 130 million after the conclusion of the instant lease agreement, to increase the objective value of the instant real estate by carrying out repair works, such as building walls and stairs, electricity works, painting works, landscaping and parking lot construction works, and interior works, which are equivalent to KRW 130 million.

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