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(영문) 광주지방법원 2021.01.22 2020나51388
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport and purport of the appeal [the purport of the appeal]

Reasons

1. Facts of recognition;

A. On November 18, 2017, the Plaintiff entered into a lease agreement with the Defendant on the premise that the two-story 114.05 square meters and 114.05 square meters and 3-story 14.05 square meters (hereinafter “the instant building”) among the three-story buildings on the south-gun C ground (hereinafter “instant lease agreement”) with the Defendant, namely, deposit money of KRW 50 million, monthly rent of KRW 2.7 million (payment after each month), and the term of lease from December 25, 2017 to December 25, 2020 (hereinafter “the instant lease agreement”).

Before the conclusion of the instant lease agreement, the instant building was operated by the Council member under the trade name of “E Council member,” and the use of the instant building is also indicated in the contract prepared at the time of the conclusion of the instant lease agreement as the hospital.

B. On December 20, 2017, the Plaintiff paid the Defendant the deposit amount of KRW 50 million, and began to operate a member with the trade name of “E member” in the instant building.

(c)

On August 26, 2019, the Goung Fire Station confirmed the portion of illegal extension of 40 square meters on the second floor of the instant building (hereinafter “instant illegal extension”) by conducting a special investigation into fire safety of the instant building, and notified Goung Fire Station of voluntary removal and restoration order for the said illegal extension.

(d)

On September 9, 2019, the Plaintiff issued an administrative disposition regarding the illegal extension of this case to the Defendant, such as an order for removal. However, the Plaintiff sent a certification to the effect that the instant lease contract is terminated on the ground that the radiation inspection room, the total amount of the radiation inspection room, and the physical therapy room installed in the illegal extension part of this case is difficult to operate a Council member if the Plaintiff excluded part of the physical therapy room, and that it is anticipated to close the Council member around September 16, 2019 (hereinafter “certification of contents of this case”).

The Plaintiff, in September 2019, is operating a member of the mutual name, which is newly “G Council member” from September 23, 2019 to September 23, 2019, after leaving the instant building.

E. The Plaintiff paid all the difference to the Defendant until September 25, 2019.

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