임대료 감액청구 확인의 소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Facts without dispute
A. On December 25, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease period from December 27, 2017 to December 26, 2019 with respect to part of the first floor of the Seoul Northern-gu Seoul building (hereinafter “instant building”).
B. The instant lease agreement was terminated by agreement between the parties on August 6, 2018.
2. The Plaintiff asserted that, at the time of the instant lease agreement, the Plaintiff concluded the instant lease agreement with the Defendant beliefing that there is no problem in using the instant building as the office.
In that sense, the pipe was not ice and the pipe could not be used as the office due to the smelling of ices.
Nevertheless, the plaintiff could not use the office normally because the defendant did not notify it in advance and did not repair it later.
Therefore, the Plaintiff exercised the right to claim a reduction in the rent under the Commercial Building Lease Protection Act. As such, it is reasonable that the monthly rent of the instant lease contract would be reduced to KRW 0,00,000, the confirmation is sought.
3. The Defendant’s judgment on the Defendant’s main defense of safety had already ceased to exist. As such, the Plaintiff cannot exercise the Plaintiff’s right to claim reduction of the rent, and accordingly, the Plaintiff’s right to claim reduction of the rent did not have a legal interest in the lawsuit seeking confirmation of the reduction of the rent, and therefore, the Defendant’s defense
The legal action for confirmation requires the benefit of confirmation in order to be lawful, and the benefit of confirmation is recognized in cases where there is a dispute between the parties on the legal relationship subject to it, and thereby, it is the most effective and appropriate means to determine the legal action as a confirmation judgment in removing the risks of uncertainty when the legal status of the plaintiff is at risk.
As to the instant case.