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(영문) 서울중앙지방법원 2017.02.08 2015가단5384418
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3,960,000 to the Plaintiff (Counterclaim Defendant) and the amount from May 1, 2016 to February 8, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 15, 2015, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the attached drawing(a), (b), (c), and (d) total area of 115 square meters (hereinafter “instant real estate”) among the first floor of the Seoul Sejong-roB building owned by the Plaintiff, the lease agreement was concluded by setting the lease deposit amount of KRW 90,000,000, monthly rent of KRW 4,000 (value-added tax separate) from June 1, 2015 to May 31, 2017, with respect to the lease deposit of KRW 115 square meters (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). B.

However, among the instant real estate in the building ledger, the attached drawing indication (A) portion among the instant real estate is a store with its use (hereinafter “instant store”), and the above (b), (c), and (d) portion is a parking lot with its use.

(hereinafter referred to as “instant parking lot”). (c)

The Defendant operated a restaurant in the instant case store and the parking lot. The Defendant discovered the change of the use of the instant parking lot and notified the Plaintiff of the corrective order on July 10, 2015 and August 27, 2015.

The plaintiff notified the defendant of the corrective order, and the defendant removed the glass door installed in the parking lot of this case, but did not restore the floor part of the parking lot to its original state.

Therefore, even though the Plaintiff requested the Defendant to correct the remainder of the lease contract, the Defendant, on October 19, 2015, notified the Plaintiff that “A significant portion of the object of the lease contract of this case was changed without permission,” and the Defendant removed internal facilities and restored them to the parking lot usage in accordance with the Jongno-gu Office’s corrective order, which led to the Defendant’s failure to use the land for the purpose of the lease contract.” On October 19, 2015, the Defendant discontinued business around October 19, 2015.”

E. On October 26, 2015, the Plaintiff permitted the Defendant to use the instant parking lot, but the Defendant illegally uses the parking lot without the consent of the Plaintiff.

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