(영문) 대구지방법원 2019.07.11 2018가단137655



1. The plaintiff's claim is dismissed.

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


1. Basic facts

A. The defendant's status (1) is the owner of a building whose indication on the registry is 36.36 square meters at the place of business of cement additions of C building D at the time of racing (hereinafter "the building of this case").

(2) The instant building is extended to the second floor without permission.

B. (1) The Plaintiff entered into a contract with the Defendant to lease the instant building at KRW 5 million and KRW 1.3 million for three years from May 21, 2018 (hereinafter “instant lease”).

(2) The Plaintiff reported the general restaurant business to the location of the instant building, and was accepted on July 27, 2018.

The plaintiff was registered as a restaurant business operator on the same day.

(3) The Plaintiff entered the instant complaint with the intent to cancel the instant lease agreement.

The Defendant also stated his intent to terminate the lease contract of this case in the preparatory documents dated December 3, 2018.

(4) The Defendant leases the instant building from January 23, 2019 to another person who intends to operate a restaurant business.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 4-1, 2, Eul evidence 7, 9, and 10, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) concluded a lease agreement of this case by allowing the Defendant to use the front and second floor of the instant building as its business place.

① However, even though the Plaintiff’s opposition to the extension of the instant building up to the front end, the Defendant did not resolve the dispute, and ② the second floor was legally operated due to the illegal extension.

(2) The defendant's behavior is a default or tort, and the illegality of the second floor of the building of this case constitutes a defect that must bear the responsibility for warranty.

The defendant is obligated to compensate for damages of KRW 96,651,450, total expenses incurred by the plaintiff in commencing the business in the building of this case.

(3) Since the Defendant did not repay its debts, the Plaintiff entered into the instant lease agreement.