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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff owns a three-story building in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant building”).
B. On October 20, 2013, the Plaintiff prepared a drawing prepared by the Plaintiff among the second floor of the instant building to D on October 20, 2013.
(b).
The plaintiff voluntarily entered the use under the partial indication.
(b) Indications;
C. Part of the lease deposit was leased to KRW 20 million, and KRW 1,200,000 per month for rent.
D The instant case B.
In this part, the singing practice room is c.
In this part, entertainment bars were operated.
In the entrance of the instant building, there is a signboard “E 2F entertainment tavern”, and this case B.
(c) On the entrance, “E” is written.
C. On April 8, 2014, the Plaintiff indicated attached Form 3, which had been left as a factory laboratory at the time to the Defendant, an architect.
In this part, North Kapet is operated and the use is delegated to the first class neighborhood living facilities. D.
Before the change of use, entry in the building ledger of the second floor of the instant building was as follows, and there was no accompanying drawings.
The area of structural use shall be 140.18 square meters of reinforced concrete facilities in Class II neighborhood living facilities, and 77.40 square meters of amusement facilities for septic tanks.
E. On April 14, 2014, the Defendant applied for the change of the use of the second floor of the instant building to the head of Ulsan Metropolitan City Dong-gu, Ulsan Metropolitan City, along with a drawing prior to the change of use, attached with a drawing attached thereto, and attached with a drawing after the change of use.
F. On August 18, 2014, the second floor of the instant building was changed to the first-class neighborhood living facilities (retail stores) with the area of 21.74 square meters and the area of 77.4 square meters of amusement facilities, which were recorded as follows.
The first-class neighborhood living facilities (retail stores) of 77.4 square meters of brick and block No. 118.74 square meters of brick and block, the area of structural use of which is the second-class neighborhood living facilities, and the first-class neighborhood living facilities (retail stores) of the first-class neighborhood living facilities of 118.44 square meters of brick and block.
G. The instant case B.
C. Part D of the lessee D is the instant case.
C. As the part was changed to a second class neighborhood living facility, no more than a entertainment drinking club is operated, and the Plaintiff on September 2, 2014.