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(영문) 대전지방법원 2021.01.14 2020가단12681
건물명도
Text

The Defendant

(a) deliver real estate indicated in the annexed real estate;

B. From April 6, 2020, the above paragraph A.

Reasons

1. Basic facts

A. On January 5, 2020, the Plaintiff leased real estate indicated in the attachment (hereinafter “the instant real estate”) to the Defendant with a lease deposit of KRW 40 million, KRW 2,000,000, KRW 2,000,000, and the lease term from January 6, 2020 to January 5, 2022 (hereinafter “the instant lease contract”). B. The Plaintiff and the Defendant may not change the use or structure of the instant real estate without the lessor’s consent, nor use it for any purpose other than the lease purpose, and “the lessor may not immediately terminate the lease contract” under the lease contract prepared at the time of the instant lease contract.

3. The former revenues determined that the part of the facility shall be restored to its original state, and the part of the additional facility shall be restored to its original state, and no objection may be raised against the original restoration required by the building owner.

(c)

The instant real estate had been located in the part where the former tenant extended the area without permission in around 2017 (96 square meters in the living facilities near the pipe structure, 5 square meters in the living facilities near the building of the board/ the board, 23 square meters in the living facilities near the structure of the board/ the board, and 26 square meters in the daily living facilities near the structure of the board/ the board/ the board/ the board/ the board structural neighborhood living facilities near the building of the board). However, after concluding the instant lease contract, the Defendant operated a restaurant in the instant real estate in a state where the aforementioned unauthorized extension was not restored to its original state.

(d)

On June 3, 2020, the head of Dong-gu Daejeon Metropolitan City notified the Plaintiff in advance of the administrative disposition such as corrective order for the above unauthorized extension, the imposition of compulsory performance, and the vicarious administrative execution.

On June 19, 2020 and June 24, 2020, the Plaintiff sent a document verifying the contents attached to the above prior notice to the Defendant and submitted the written opinion to the head of the Dong-gu Daejeon Metropolitan City by July 5, 2020.

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