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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts subsequent to the facts do not conflict between the parties, or may be acknowledged in light of the overall purport of the pleadings in each entry in Gap evidence No. 1 and Eul evidence No. 1.
On May 18, 2011, the Plaintiff entered into a lease contract with the Defendant with respect to KRW 50,000,000 for the first floor store in Eunpyeong-gu Seoul Metropolitan Building (hereinafter “instant store”) owned by the Defendant, and with respect to KRW 2,50,000 for each of the instant stores (hereinafter “instant lease contract”), the lease term was set as two years from May 26, 201 to two years from May 26, 201, and thereafter, the Plaintiff operated a restaurant business with the trade name “D.”
B. Whether the instant lease agreement was implicitly renewed, and on June 22, 2015, the Plaintiff notified the Defendant on June 22, 2015, that “The remainder after deducting the difference from the deposit in arrears is returned” was terminated by mutual agreement.
C. On July 9, 2015, the Plaintiff and the Defendant completed the delivery of the leased object and the return of the lease deposit upon simultaneous performance.
2. The assertion and judgment
A. The Plaintiff’s assertion is the cause of the instant claim. ① The instant store consists of the first floor and the second floor, and the part of the second floor was discovered from the office of Eunpyeong-gu on September 201 to be illegal buildings, and the Defendant could no longer use the said part for business from that time. The Plaintiff claimed reduction of the rent corresponding to the part of the second floor and exercised the Defendant’s right to claim reduction of the rent, thereby exercising the right to claim reduction of the rent, the rent was naturally reduced. The Plaintiff asserted that the rent was reduced at a reasonable rate. The Plaintiff claimed that KRW 41,250,000 corresponding to the part of the second floor during the entire rent received by the Defendant return KRW 1/3 as unjust enrichment, and ② on November 11, 2011, the Plaintiff claimed to return the rent of KRW 300,000,000 to the lower water pipe repair on April 23, 2014.