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(영문) 의정부지방법원 2020.01.09 2019가단110285
건물명도(인도)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from 1,114,51 to 3 floors of buildings listed in attached Table 1 from November 1, 2019 to 1.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

가. 이 사건 임대차계약의 체결 원고는 2016. 10. 10. 피고에게, 원고 소유인 별지1 목록 기재 건물(이하 ‘이 사건 건물’이라 한다) 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 차례대로 연결한 선내 ㉮부분 176.00㎡(주문 제1항 기재 건물로, 이하 ‘이 사건 임대부분’이라 한다)를 임대보증금 10,000,000원, 월 차임 700,000원(부가가치세 별도), 차임 지급 시기 매월 19일, 임대차기간 2016. 11. 20.부터 2018. 11. 19.까지로 하여 임대하는 내용의 이 사건 임대차계약을 하였다.

At that time, the Defendant paid the above rental deposit to the Plaintiff, and operated the phishing Private Teaching Institutes with delivery of the leased portion of this case.

B. On the other hand, the purpose of use of the 1st and 2nd floor of the instant building is to general restaurants, 105.60 square meters in daily necessities retail stores, and 316.80 square meters in the 2nd floor of the instant building was designated as a private teaching institute. At the time of the conclusion of the instant lease agreement, the entire building of the 1st floor was leased by C, and the E-ho 140.8 square meters in the 2nd and 316.8 square meters in the 2nd and 316.8 square meters in the 2nd and 316.8 square meters in the 2nd and 316.8 square meters in the 2nd and 316.8 square meters in the 2nd and 2016th and the 2018th and around June 30, 2018, the Plaintiff was a “H”).

(2) On April 3, 2018, the instant building No. 2 and August 30, 2018, and the instant building No. 1 floor were leased respectively, and H changed the use of the entire first floor and the second floor into a warehouse. 2) On December 19, 2018, Namyang-si, Inc., issued a corrective order to detect any violation through the on-site inspection on the part of the Defendant’s civil petition filing date, and issued a corrective order to the Plaintiff. On May 13, 2019, the Plaintiff obtained permission to change the use of 140.8 square meters among the entire first floor and the second floor of the instant building as a warehouse.

C. On October 2018, prior to the expiration of the instant lease agreement, the Plaintiff, who did not pay monthly rents and terminated the lease, shall either increase the contract renewal to the Defendant and increase the monthly rent by 5%.

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