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(영문) 대구지방법원포항지원 2016.02.16 2014가단11534

임차보증금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 16, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a lease agreement between KRW 45,00,000,000,000 for the first floor and the second floor of the building in the north-gu Office of Port (hereinafter “instant building”) owned by the Defendant, with the period of KRW 12,00,000 per month from the delivery date of the building ( September 25, 2014).

B. On September 25, 2014, the Plaintiff paid all the above lease deposit to the Defendant, and operated a limited restaurant to which the instant building was handed over, and suspended the business around November 2014.

C. There is a paid parking lot called “D parking lot” (hereinafter “instant paid parking lot”) in the vicinity of the instant building.

The plaintiff seems to mean a parking lot that can be used as a parking space for the users of the building of this case by paying a certain amount of the so-called designated parking lot for the building of this case.

(1) have not been used.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-2, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion stated that the Defendant could not use the instant paid parking lot as the designated parking lot of the instant building, but at the time of concluding the instant lease agreement, the Defendant could use the instant paid parking lot as the designated parking lot.

Therefore, the lease contract of this case was concluded by the defendant's deception or concluded by the plaintiff's mistake in the important part of the contract, so there is grounds for revocation.

In addition, the defendant explained a restaurant without a designated parking lot to the plaintiff as if it was a restaurant with a designated parking lot, and the obligation to provide an object was incomplete by concluding a contract, and the parking lot attached to the building was not properly used, thereby failing to perform the obligation under the lease contract of this

Therefore, this is applicable.