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1. The Plaintiff:
가. 피고 B은 별지 목록 제2항 기재 부동산 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㅎ, ㅌ,...
Reasons
1. Basic facts
A. On September 22, 2008, the Plaintiff leased (hereinafter “instant lease agreement”) real estate listed in the following table to Defendant C, 24 months of the lease term, 10 million won of lease deposit, and 50 million won of rent per month (hereinafter “instant lease agreement”).
The objects of lease stipulated in the real estate lease contract (hereinafter referred to as the "first lease contract") are as follows:
Lease area (including co-ownership): Real estate specified in attached Table 2 of attached Table 125.4 square (38 square) on one floor.
The “instant land” refers to “instant land.”
The number of houses: The real estate listed in paragraph (1) of attached Table 1 of the attached Table on the ground of the land of this case on the first floor, which was removed after the building corresponding to 82.08 square meters on the first floor of the 1st floor area.
The term "previous building" is referred to as "previous building."
B. Defendant C entered into a “F franchise store” contract on September 19, 2008.
In order to open the above coffee shop, Defendant C removed all the remainders of the previous buildings, excluding the rear door, parts of its surrounding walls, septic tanks, and urban gas facilities, and completed the construction of the building (hereinafter “instant building”) around October 20, 208, without a construction permit or building report.
approximately KRW 100 million was required as construction cost.
C. Around October 2008, Defendant C asked the Plaintiff to change the lessee to Defendant B, one’s own household, and the Plaintiff, with its consent, entered into a new lease agreement (hereinafter “second lease agreement”) retroactively from the original date of the lease agreement.
Although Defendant B, while operating the above coffee shop, has a dispute as to whether the instant building constitutes the subject matter of the instant lease agreement between G and the instant building and the instant land, as examined later, it is possible to view that the instant building constitutes the subject matter of the instant lease agreement with Defendant B for convenience.