(영문) 광주지방법원 2016.07.27 2016가단15872

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(영문) 광주지방법원 2016.07.27 2016가단15872

임대보증금 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 11, 2014, the Plaintiff leased the instant building for the purpose of 20,000,000 won for lease deposit, 750,000 won for rent, and 24 months from October 11, 2014 to October 10, 2016, which was owned by the Defendant (hereinafter “instant building”).

B. The Plaintiff paid KRW 20,000,000 to the Defendant on September 11, 2014.

C. On December 17, 2015, the Plaintiff sent a certificate of content to the Defendant, and notified the termination of the lease agreement on the instant building as of March 10, 2016.

[Based on recognition] Each entry of Gap 1-3 evidence (including a branch number for those with a branch number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s summary of the Plaintiff’s assertion entered into the instant lease agreement to operate the restaurant with the employees at the construction site of new apartment units, and the new apartment construction corporation had already been completed on or before March 10, 2016.

According to the plaintiff's notice of termination on December 17, 2015, the instant lease contract was lawfully terminated.

Therefore, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 20,000,000 and premium of KRW 8,000,000, total of KRW 28,000,000 and delay damages.

3. Determination

A. 1) As seen earlier, the Plaintiff notified the Defendant of the termination of the lease agreement as of March 10, 2016 on December 17, 2015. However, according to the Plaintiff’s evidence No. 3, the Plaintiff merely notified the termination of the lease agreement in light of the circumstances, and there is no legitimate reason for termination, and there is no ground for termination as of December 17, 2015, even if examining the record. The Plaintiff’s termination as of December 17, 2015 is not a lawful termination. Accordingly, the Plaintiff’s claim for the return of the lease deposit premised on the termination of the instant lease agreement as of December 2, 2015 is without merit.) As to this, the Plaintiff notified the termination by the lessee.

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