beta
(영문) 부산지방법원 2017.11.09 2017가합41654

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On July 10, 2015, the Plaintiff entered into a lease agreement with Defendant B, C (hereinafter “Defendant lessors”) and Jinju E-si (hereinafter “instant building”) on the terms of the contract for the three and four floors as a broker of Defendant D Co., Ltd. (hereinafter “Defendant brokerage corporation”) from August 15, 2015 to August 15, 2016 (hereinafter “instant lease agreement”). The term of the contract was from August 15, 2015 to August 15, 2016, with KRW 10 million monthly renting (hereinafter “instant lease agreement”).

B. On October 15, 2015, Jinju: (a) around October 15, 2015, the Defendant lessor issued a corrective order on the ground that the use of the 3,4th and fourth floors of the instant building was a Class I neighborhood living facilities, but violated the Building Act by altering the purpose of use to cultural and assembly facilities (e.g., exhibition halls-Housing publicity center) without permission; and (b) around November 5, 2015, the Defendant lessor notified the Defendant lessor that the enforcement fine of KRW 89,10,030 should be imposed on the said violation if the voluntary correction is not made by December 2, 2015.

C. On November 19, 2015, Defendant lessor notified the Plaintiff that “The Plaintiff entered into a lease agreement to use the building company’s office and simple publicity hall on the third floor and fourth floor of the instant building on July 10, 2015, but the primary purpose was to use it as the construction company’s office, and that it was illegal alteration of the use of the apartment model housing following the conclusion of the lease agreement, and that he/she immediately requested the termination of the contract to the Plaintiff at that time.”

[Ground of recognition] The plaintiff's assertion of the absence of dispute, Gap's Nos. 1, 6, and 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleading

A. At the time of concluding the instant lease contract with the Defendant lessor, the Plaintiff notified the Defendant lessor that the 3 and 4th floor of the instant building will be used as a housing promotion exhibition center and a cooperative office, and concluded the contract with the Defendant lessor’s consent and the Defendant intermediary corporation’s confirmation.

The Defendant lessor transferred the 3 and 4th floor of the instant building in line with the purpose of the lease agreement.

참조조문