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(영문) 대구지방법원 2016.10.28 2015가단122980
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 19, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with regard to the instant reading room with the Defendant, who is the managing body of the instant apartment, with the term of KRW 2,00,000, monthly rent of KRW 200,000, and August 18, 2016, in order to operate the reading room located under the management of the instant apartment (hereinafter “instant apartment”). The Plaintiff received delivery of the instant reading room from the Defendant and operated the instant reading room as the reading room under the name of “D Reading room.”

B. However, on July 23, 2015, the head of the Daegu Metropolitan City Suwon District Office issued a corrective order with regard to the lease of the reading room in this case to the purport that the instant lease contract violated the Housing Act by allowing an outside person for commercial purposes and restricting the use of the occupant, etc., on the ground that the use of welfare facilities by outside person, other than the occupant, etc., is strictly restricted as facilities for the welfare of the occupants, etc. as well as facilities for the welfare of the occupants, etc. pursuant to Article 2 of the Housing Act, even if the use of ancillary welfare facilities is modified pursuant to Article 42 of the Housing Act.

C. Accordingly, on August 17, 2015, the Defendant notified the Plaintiff of the discontinuance of the instant reading room and the cancellation of the instant lease agreement on the grounds that the instant lease agreement cannot be maintained any longer due to the order of correction issued by the competent Gu office, and the Defendant notified the Plaintiff that he/she would maintain the instant lease agreement by November 4, 2015, on the grounds that the said agreement was terminated by October 30, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 5, Eul evidence 1 through 3 (including each number), video, and pleadings.

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