beta
(영문) 부산지방법원 2018.08.17 2017가단32080

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. On January 11, 2015, the Plaintiff entered into a lease contract with the Defendant with regard to underground floors (hereinafter “instant store”) among the buildings located in Busan-gu Busan-gu C, Busan-gu, with a deposit of KRW 3,000,000, monthly rent of KRW 250,000, and the period of KRW 24 months (hereinafter “instant lease contract”) and operated a public room at the instant store.

B. Meanwhile, the area where the instant store is located is included within the zone of D Housing Redevelopment Improvement Project (hereinafter “instant redevelopment Project”) with the project implementation authorization obtained on March 3, 2009.

C. On May 13, 2018, the Plaintiff ordered the Defendant to leave the instant store, and the Defendant paid KRW 2,435,030 to the Plaintiff on May 21, 2018, the remainder after deducting public charges from KRW 3,000,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the instant store’s business environment in the public room operated by the Plaintiff has rapidly deteriorated due to the relationship within the instant redevelopment project zone, and the Plaintiff was unable to expect business profit for five years following the exercise of the right to request contract renewal under the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”), it would have not concluded the instant lease contract if the Plaintiff knew of the aforementioned circumstances.

B. Therefore, at the time of the instant lease agreement, the Defendant is obligated to notify the Plaintiff that the instant store is located within the instant redevelopment project zone.

The Plaintiff did not notify the Plaintiff of the fact that he did not know of the above circumstances, thereby allowing the Plaintiff to enter into the instant lease agreement and investing KRW 28,680,00 in the interior cost, etc. for the instant store, thereby causing property damage equivalent to the same amount to the Plaintiff.

C. Therefore, the defendant is liable to the plaintiff for damages caused by tort (Fraud).