(영문) 전주지방법원 2018.11.14 2017가단30851

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(영문) 전주지방법원 2018.11.14 2017가단30851

임대차보증금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 7, 2017, the Plaintiff and the Defendant agreed to lease two spaces on the left side when the first floor of the building on the ground of Yansan-gu Seoul Special Metropolitan City was divided into four partitionss, which were owned by the Defendant. On August 7, 2017, the Plaintiff entered into the lease agreement with the Defendant on the following terms: “20 million won of the left part of the building on the first floor of the building on the ground of Yansan-gu Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “the subject matter of the lease”) and KRW 53 square meters of the left part (hereinafter “the subject matter of the lease”), deposit, KRW 20 million of the rent, KRW 5 million of the monthly rent (in advance, May 28, 201), the term of the lease from August 28, 2017 to August 27, 2022 (60 months), and the occupancy date under the special agreement may be delayed, and the lease agreement begins on the beginning date of the lease agreement (hereinafter “the lease agreement”).

B. According to the instant lease agreement, the Plaintiff paid KRW 20 million to the Defendant on the day of the contract, the remainder of KRW 180 million, and KRW 5 million on the rent, respectively, on September 30, 2017, on which the leased object was delivered.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. At the time of the instant lease agreement claiming the Plaintiff, the size of the deposit and monthly rent was calculated on the basis of the size as the deposit and monthly rent. The Defendant delivered only 35.1 square meters, which are much less than the size scheduled at the time of the instant lease agreement, to the Plaintiff. As a result, the Plaintiff could not utilize the leased object of this case as the work site and sales outlet of the bamboo bags, which is the object of lease. At the time of the instant lease agreement, the Defendant agreed to complete the registration of the establishment of a chonsegwon with the term “the Plaintiff and the deposit 200 million won,” but did not implement the said agreement.

Accordingly, the plaintiff notified the defendant to deliver a insufficient area of 17.9m2 within a reasonable period of time and complete the registration of the establishment of a right to lease on a deposit basis.

유사 판례

-전주지방법원 2012.10.31 2012고정691

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-전주지방법원 2015.06.18 2014고단1831

-수원지방법원 2018.10.24 2018고단46

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