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(영문) 부산지방법원 2017.06.09 2016나48904

임대차보증금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation of this case are as follows: the plaintiff added the judgment on the argument emphasized or added by the court of first instance; the 'the testimony of witness E' in the 3th, 14th, and 6th of the judgment of the court of first instance; the 'E' in the 6th, 'the testimony of witness E' in the 6th, 'the testimony of witness E' in the 18th, 'the witness E' in the 5th, 'the head of the stock company in the 5th, 'the 7th, 9th, 'the date of the pronouncement of the judgment of this case' in the 7th, 'the date of the judgment of the court of first instance' in the 7th, 'the declaration of the judgment of this case' in the 7th, 'the date of the judgment of the court of first instance' in the 9th, 'the

2. Additional determination

A. The Plaintiff asserts that the Defendant did not transfer the leased real estate of this case to a restaurant so that it could use and benefit from the leased real estate of this case.

According to the records, Gap evidence No. 2, Eul evidence No. 17-1 through No. 4, the purpose on the building register of the leased real estate of this case was the first-class neighborhood living facilities (members), but the purpose was changed to restaurant, but the defendant agreed to bear the expenses within the limit of 2 million won. However, the fact that the defendant delivered the real estate of this case to the plaintiff without changing the purpose was recognized.

However, according to the above evidence, the change of use of leased real estate in this case is merely a change of the contents under the Building Act, and even without such change, it does not interfere with the plaintiff's use and profit. In addition, pursuant to the proviso of Article 19 (3) of the Building Act and Article 14 (4) 2 of the Enforcement Decree of the Building Act, the application for change of the contents on the building register between the Class I neighborhood living facilities and Class II neighborhood living facilities is exempted, and the contents on the building register of leased real estate in this case are used as