beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion was made by Defendant C (Defendant B’s wife) who represented Defendant B on July 2012, and the construction cost was KRW 200 million from August 2012 to the extension of the above building. Since the Defendants, a lessor, want to renew the lease after the termination of the lease, the Plaintiff sought payment of KRW 200 million for the construction cost incurred by the Plaintiff based on the claim for purchase of ground property under Articles 643 and 283 of the Civil Act, or based on the claim for return of unjust enrichment under Article 741 of the Civil Act.
2. Defendant C’s defense prior to the merits of the instant lease agreement is merely the lessor of the said lease agreement, and Defendant C is merely the agent of Defendant B, and the lawsuit against Defendant C is unlawful as against the non-qualified person. However, in the performance lawsuit, Defendant C’s defense prior to the merits is a defense against the non-qualified person. However, since Defendant C’s defense prior to the merits is matters to be determined on the ground that the person asserted as the obligor by the Plaintiff was qualified to be the defendant.
3. Facts of recognition;
A. On July 23, 2012, the Plaintiff entered into a contract with Defendant C (Defendant B’s wife) on the lease deposit amounting to KRW 30 million for lease deposit, monthly rent of KRW 4 million, and the lease period from August 5, 2012 to August 4, 2013 for the lease of the Gangseo-gu Seoul Metropolitan Government E-ground Building and F-ground Mobile Building (the above two buildings are constructed on the site abutting on each other; hereinafter the above two buildings are combined) owned by Defendant B.
B. On August 2012, the Plaintiff and Defendant B shall increase the lease deposit under the lease agreement concluded prior to the beginning of August 2012 as KRW 50 million and monthly rent at KRW 4.5 million. However, the following special agreements are concluded: (a) Defendant B shall bear the construction cost of KRW 17 million; and (b) the Plaintiff delegated by Defendant B shall partly remove, extend, and repair the instant building.