임대차보증금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On June 26, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant commercial building”) and Nos. C and 101 of Ansan-si, Ansan-si (hereinafter “instant commercial building”).
(2) On July 4, 2016, the Plaintiff entered into a lease contract with the Defendant, setting the lease deposit amount of KRW 10 million, monthly rent of KRW 90,000,000 for the instant commercial building, and between July 20, 2016 and July 19, 2018. After concluding a lease contract with the Defendant, the Plaintiff paid the lease deposit and carried on a simplified restaurant after receiving delivery of the instant commercial building.
3) At the time of the above contract, the instant commercial building is nine square meters of the prefabricated Panel Group Building (hereinafter “instant illegal building”).
(B) The head of Ansan-si ordered the Defendant to restore the instant illegal building to its original state on June 13, 2017, and the Defendant was to impose and collect a non-performance penalty after December 26, 2017, on December 11, 2017.
2) On February 20, 2018, the Defendant requested the Plaintiff to consent to the removal of the instant illegal building. However, on March 14, 2018, the Plaintiff refused to remove the instant illegal building on the ground that it is also included in the leased object and demanded renewal of the contract under the condition that the Plaintiff bears a counter-performance of enforcement fines. 3) Thereafter, the Plaintiff entered into a contract on the transfer and takeover of rights with the Defendant on April 20, 2018 by setting the premium amount of KRW 25 million for the said restaurant as KRW 25 million, and requested the Defendant to enter into a lease agreement with the new lessee on April 25, 2018.
4. Accordingly, the Defendant requested that the Plaintiff enter into a lease agreement at the Defendant’s expense with respect to the removal of the instant illegal building, and that the intent of the new lessee be confirmed. However, the lease agreement was terminated on July 19, 2018 without accepting it by the Plaintiff.