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(영문) 서울남부지방법원 2021.02.26 2020가단3943
건물명도 등
Text

1. The defendant shall each month from 14,502,005 to 200,000 won from the plaintiff until the completion of delivery of the building as stated in the separate sheet from December 29, 2020.

Reasons

The lease and renewal of the lease by the plaintiff and the defendant of the commercial building of this case where the plaintiff and the plaintiff are the lessee shall be KRW 20,000,000, and KRW 1,870,000, monthly rent (including value added tax; hereinafter the same shall apply).

From September 29, 2017 to September 28, 2019, the term of lease was 1,000 square meters. The Defendant demanded renewal on June 24, 2019, and the term of lease was up to September 28, 2021 (Article 1, No. 1, No. 1, No. 12, and No. 10, No. 2, and No. 3) of the Commercial Building Lease Protection Act; Article 10, No. 10, No. 1, No. 4, the size of the building registered as one-story, No. 6, and No. 1, No. 4, and the size of the building was 1,000 square meters, and the size of the building was 4,000 square meters, and the area of the building was 1,000 square meters on the 2,000 square meters on the 1,000 square meters on the 26th,000 square meters on the 14.

It is reasonable to see that the building was leased as a whole (the Plaintiff does not dispute that the whole building was leased). Due to the difference between the area on the public record and the area actually used, the Defendant became unable to use part of the building for a lawful restaurant.

In other words, the Defendant was found from the Gu office in January 2018 that the actual use area of the business site is 70.3 square meters, and the reported area is 33 square meters, and was subject to a disposition of business suspension leading thereto. The Defendant, following the alteration of use of the building, was 49.69 square meters on June 10, 2019.

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