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Reasons
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(영문) 서울중앙지방법원 2015.02.10 2014가단140241
건물명도
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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

1. Basic facts

A. On August 18, 2009, C leased real estate listed in the attached list (hereinafter “instant store”) to the Defendant, with a deposit of KRW 5 million, KRW 300,000 per month, and the period from September 1, 2009 to August 31, 2010.

B. On March 10, 2010, the Plaintiff acquired the ownership of the instant store; on August 4, 2010, concluded a lease agreement with the Defendant as to the instant store with a deposit of KRW 8 million; KRW 700,000 per month; and during the period from September 1, 201 to August 31, 201; and on August 23, 201, the Plaintiff leased the instant store with the Defendant as to the instant store with a deposit of KRW 8 million; KRW 150,00 per month; from September 1, 2011 to August 31, 201; from July 18, 201 to August 31, 2012; and between the Defendant and the deposit of KRW 20 million to KRW 300,000,000,000,000 as to the instant store; and between the period from August 1, 2011 to August 31, 2012;

C. On June 17, 2014, the Plaintiff notified the Defendant that he would not renew the lease of the instant store.

[Reasons for Recognition] Entry of Evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the lease between the Plaintiff and the Defendant on the instant store was terminated on August 31, 2014, and the Defendant has the duty to deliver the instant store to the Plaintiff. As to this, the Defendant has the right to claim reimbursement of beneficial expenses to the Plaintiff since the Defendant paid KRW 6 million each year from 2009 to 5 years in order to increase the objective value of the instant store, and KRW 5 million each year in 2013 in order to increase the objective value of the instant store, and the Defendant has the right to claim reimbursement of beneficial expenses to the Plaintiff. However, the Defendant asserted that the right of retention defense should be asserted with the preserved claim, but only the images of the evidence No. 1 to No. 3.

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