logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.08.20 2014가단17509
임대차보증금반환
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 July 4, 2011, the Plaintiff entered into a lease agreement with the Defendant and the Busan Shipping Daegu Building Co. 4, 207 (hereinafter “instant building”) setting the lease deposit amount of KRW 50 million and KRW 2.2 million per month, and around that time, paid the lease deposit to the Defendant and received the delivery of the instant building from the Defendant.

B. On July 8, 2013, when the Plaintiff renewed the above lease agreement with the Defendant, the Plaintiff entered into the lease agreement with the term of KRW 55 million per month, KRW 2.3 million per month, and the term of lease until July 8, 2015, and paid the increased lease deposit to the Defendant around that time.

(hereinafter) The above lease agreement as of July 4, 201 and the renewed contract as of July 8, 2013 are collectively referred to as “instant lease agreement.”

After the conclusion of the instant lease agreement, the Plaintiff was operating the Pianian Private Teaching Institutes in the name of “D Music Institute” in the instant building. On August 16, 2013, the Plaintiff was notified of the administrative disposition that orders the restoration of the original state (hereinafter “instant administrative disposition”) on the ground of the violation of the discretionary change in the structure of facilities (the 4 actual structure from among the 11 practical training rooms of the Music Institute) by the head of the Busan Metropolitan City Shipping Education Support Office.

On March 2014, the Plaintiff suspended the business of a private teaching institute in the instant building and removed from the said building, and returned the key to the instant building to the Defendant around May 28, 2014.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3, Eul 3-1, 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the conclusion of the instant lease agreement, the Plaintiff did not have been informed at all of the fact that the structure of the fourth part of the instant driving school was changed from the Defendant. If the original state of the voluntarily changed driving school due to the instant administrative disposition, it is no longer possible to operate a normal driving school in the instant building.

arrow