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(영문) 인천지방법원 2019.05.08 2016가단217917

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. Facts of recognition;

A. The Plaintiff, as the owner of each land and building listed in the separate sheet (hereinafter “instant land and building”), had been continuously operating the carpet around 2007 in the building located in Incheon-gun C (hereinafter “instant carpet building”) among the instant land and the instant building, and in the D building (hereinafter “instant carpet building”), had been suspended when operating the gate for one year.

On February 7, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease the instant land and buildings (hereinafter “instant lease agreement”) with the introduction of E working in the said car page. The lease deposit amount is KRW 10,000,000 per month, and the rent is KRW 6,00,000 per month, but the first five-month rent is paid at the first five-month occupancy date, and the rent is KRW 1,800,000 per month from February 24, 2018. The lease period was set at five years from February 24, 2015 to February 24, 2020.

B. On February 24, 2015, the Defendant paid the Plaintiff KRW 10,000,000 for lease deposit and KRW 6,000 for five months for the rent of the instant land and building, and operated the car page and restaurant in the instant car page building according to the method operated by the Plaintiff, the Defendant constructed a parking lot in part of the land and remodeled the instant pent building.

On April 2015, the defendant was notified by the reinforced fire station and the reinforced fire station that the first floor of the carpet building of this case was not permitted and the third floor of the carpet building of this case is a building in violation of the permission without permission. Since the pentol building of this case is also an illegal building exceeding the building-to-land ratio, the pentol building of this case is also the second class neighborhood living facility of this case, so it is impossible to obtain permission for pension business without changing the use of the building.

C. The Defendant allowed the Plaintiff to use the three floors of the instant carpet building, and the use of the instant pentle building.