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(영문) 서울중앙지방법원 2016.11.09 2015가단5344731

임대차보증금반환등

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the separate sheet No. 3, 1, and 2.

Reasons

1. Facts of recognition;

A. On May 17, 201, the Plaintiff: (a) among the first floor of the building listed in the separate sheet from the Defendant on May 17, 2011, the attached Form 3 drawings according to the current status of the building are more accurate and expanded than the attached Form 2 drawings submitted by the Plaintiff on the part (A) part of the general restaurant building in light of the shape of the building, which connects each point of Section 1, 2, 3, 3, 5, 4, 1, and 1; and (b) based on Defendant 3

B. The building of this case is the building of this case.

(1) Around May 17, 2011, the term of a lease contract was set at KRW 10 million, KRW 1100,000 per month, and the term from May 17, 2011 to May 17, 2013, and thereafter the Defendant paid a deposit and operated a restaurant. The amount of a lease contract extended on May 11, 2015 to the end of May 16, 2016 was newly established (hereinafter referred to as the “instant lease contract”).

). 나. 이 사건 건물의 전 임차인 D는 식당을 운영하면서 2010년경 관할행정청에 신고하지 않고 이 사건 건물 옆에 임의로 별지3 도면 표시 ㄷ, ㅁ, ㅂ, ㅋ, ㄷ의 각 점을 차례로 연결한 선내 (나) 부분 조립식판넬 일반음식점 건물 6.44㎡와 별지3 도면 표시 ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅂ의 각 점을 차례로 연결한 선내 (다) 부분 컨테이너 일반음식점 건물 18㎡를 건축하였다(이하 두 건물을 합하여 이 사건 가건물이라 한다

As to the instant building, the instant building is constructed on a 1653 square meter in Chuncheon City, the Defendant owned, and the Plaintiff paid 25 million won to D to enter into the instant lease agreement with the Defendant and acquired facilities, including the instant building, for the purpose of restaurant operation, and used the instant building for the purpose of restaurant, kitchen, warehouse, etc.

The defendant did not specifically address D and the plaintiff's use of the building of this case.

C. Chuncheon market on October 22, 2015