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(영문) 부산지방법원동부지원 2020.06.18 2019가단7893

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to operate a singing practice room on September 1, 2016, the Plaintiff: (a) from the Defendant’s husband C, the Plaintiff leased the second floor among the buildings located in Suwon-gu, Busan (hereinafter “instant building”); (b) KRW 10,000,000, monthly rent of KRW 150,000, and the lease term of KRW 24 months (hereinafter “instant lease agreement”); (c) around that time, the Plaintiff paid KRW 10,00,000 to C the lease deposit; and (d) was handed over the second floor of the instant building.

B. In 2016, the Plaintiff requested the Defendant to re-preparation of the instant lease agreement on the ground that he lost the contract, and the Defendant entered the Defendant as a lessor in order to manage the instant building on behalf of C hospitalized in the hospital, and drafted a lease agreement (Evidence A1) with the same content as the instant lease agreement.

C. By December 12, 2017, the Plaintiff paid all the electricity charges imposed on the second floor of the instant building from September 2016 to November 2017. The Defendant paid the electricity charges after December 2, 2017.

Meanwhile, the former lessee of the second floor of the instant building had been operating a singing practice room since he/she obtained permission to operate a singing practice room on November 2, 1993. On December 19, 2016, he/she reported the closure of the said singing practice room.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion and the deceased around February 2019, the Defendant and the deceased.

The Plaintiff concluded a lease agreement with the Plaintiff by hiding the fact that part of the instant building was an unauthorized building and was a building that can be operated with permission for singing practice rooms or entertainment taverns.

Although the Plaintiff completed emergency electrical construction and fire-fighting system installation in 24,793,000 won, the amount of 19 square meters out of the area of the first floor of the instant building was confirmed as an unauthorized building, and thus, the Plaintiff could not obtain the fire-fighting certificate.