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(영문) 대전지방법원 2021.01.26 2020가단110844
건물인도
Text

The defendant shall receive KRW 25,050,000 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On March 16, 2018, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 30 million for lease, monthly rent of KRW 4,500,000 for the building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”), from March 16, 2018 to March 15, 2020 for the term of lease (hereinafter “instant lease agreement”), and around that time, handed over the instant building to the Defendant.

B. The Defendant operated a furniture sales store in the name of “C” in the instant building.

(c)

The instant building was originally constructed as a second-story building with a total floor area of 501m2,00 square meters, for the purpose of the first class neighborhood living facilities (stores). However, the Plaintiff illegally remodeled the said building on the fourth floor, and leased it. On January 20, 2020, the Plaintiff was issued an order of restoration to its original state upon detection of illegal remodeling at a regular inspection of a fire-fighting system (hereinafter “instant control”), and the Plaintiff was performing restoration work around the beginning of February 2020.

(d)

On February 17, 2020, the Plaintiff notified the Defendant of a document stating that “A request for restoration and delivery of the building of this case to the original state by March 15, 2020 when the contract term expires without any intent to renew the instant lease agreement,” by means of certified mail.

F. On February 25, 2020, the Defendant filed a civil suit against the Plaintiff to the effect that “The instant lease agreement was impossible to be performed due to the crackdown on the instant case and the restoration of original state, and thus, the household sales store business cannot be operated in the instant building due to the Plaintiff’s fault, and thus, the instant lease agreement was terminated by delivery of a copy of the complaint and sought the return of the lease deposit and the compensation for damages” ( Daejeon District Court Decision 2020Gadan 106395, hereinafter “Defendant’s lawsuit”), and the duplicate of the complaint of the Defendant’s lawsuit reached the Plaintiff on March 2, 2020.

G. On March 15, 2020, the Defendant suspended the sales store of the instant building from around March 15, 202, and reported the suspension of business to the competent authorities.

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