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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 7, 2012, the Plaintiff concluded a lease agreement with the Defendant, the owner of the building listed in the separate sheet (hereinafter “instant building”) on behalf of D, for the entire fourth and fifth floors of the instant building, including deposit deposit of KRW 150,00,000, and for the term of November 30, 2014 (hereinafter “instant lease agreement”).
B. Thereafter, from September 20, 2012 to February 10, 2013, the Plaintiff concluded seven lease agreements with the Defendant on behalf of the Defendant to lease part of the fourth and fifth floors of the instant building on behalf of the E- Gwangju Branch, Fju Branch, G, H Gwangju Branch, H Gwangju Branch, I, and J Branch, and each of the above lease agreements terminated due to the expiration of the period.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Gap evidence No. 14 (including provisional number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) After leasing a part of the instant building from the Defendant, the Plaintiff spent KRW 137,961,300 as repair cost, etc. for the instant building with the Defendant’s consent, and this constitutes a cost invested to increase the objective value of the instant building, and thus, the Defendant is obligated to return the said money to the Plaintiff. 2) Since the Defendant agreed to pay the Plaintiff the repair cost incurred on March 27, 2013 when entering the ground, the fourth, and the fifth floor, etc. of the instant building by the receipt, the Plaintiff is obligated to pay KRW 137,961,300, such as the above flood, in accordance with the agreement.
B. According to Article 626(2) of the Civil Act regarding the claim for reimbursement of 1 beneficial costs, the lessor’s obligation to repay refers to the cost invested to increase the objective value of the leased object, and the lessee has spent the cost objectively increased the value of the leased object and the fact that the value remains existing.