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(영문) 서울중앙지방법원 2015.02.03 2014가단5132658

임대차보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

On January 10, 2013, the Plaintiff leased (hereinafter “instant lease agreement”) real estate listed in the separate sheet from the Defendant (hereinafter “instant real estate”) with the following content:

- The contract shall be immediately terminated when the rent or management fee is overdue from January 10, 2013 to January 10, 2018, and the lessee shall recover the real estate in this case and return it to the original state.

- The Parties shall be deemed to have terminated the contract if they apply for the telephone damage within one month from the date of the contract and if they refuse to comply with the procedure for filing the complaint.

B. Around that time, the Plaintiff paid KRW 100 million to the Defendant the instant lease contract, and received delivery of the instant real estate and operated a health club.

2. The Plaintiff’s assertion that the lease contract of this case was terminated due to the following reasons, and the Defendant is obligated to pay the Plaintiff the deposit amount of KRW 100 million and the damages for delay.

Despite the fact that 420 and 421 of the instant real estate are not owned by the Defendant, the Defendant, at the time of the instant lease agreement, deceiving the Plaintiff as one’s own possession, and thereby, the Plaintiff was faced with unstable status from the owner of the said store to claim compensation for damages due to unauthorized occupation and use.

Therefore, the lease contract of this case is revoked on the grounds of the defendant's above deception.

B. Of the instant real estate, the Seoul Central District Court C auction procedure (hereinafter “instant auction procedure”) is underway with respect to 406 to 410, and due to the decline in the membership of the Defendant’s health clubs, the instant real estate cannot be used for the purpose of the lease.

Therefore, the defendant is consistent with the purpose of leasing the real estate.