beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
Basic Facts
The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
On February 15, 2013, the Plaintiff’s assertion on the claim for refund of deposit deposit, necessary expenses and beneficial expenses, and D and C decided on February 15, 2013, instead of returning KRW 130 million from the existing investment deposit to C, C withdraw from the partnership business relationship, and F succeeds to the rights related to the lease of the instant building of C (hereinafter “the instant lease”).
At the time, the defendant also accepted it verbally.
Since D/F renounced all the rights related to the right to lease of this case, the rights related to the right to lease of this case are entitled to the Plaintiff.
2) However, at the time of entering into the instant lease agreement, the Defendant did not notify the Plaintiff of the part illegally constructed in the instant building. Accordingly, the Plaintiff could not properly use the instant building and benefit therefrom, and the Defendant was obligated to return the lease deposit amount of KRW 100 million to the Plaintiff, a legitimate lessee. 3) In addition, while operating the instant building, the Plaintiff spent KRW 2,30,000 for the 6.1 million for the 2,934,800,000 for the repair of the instant building, the 2,934,80,000 for the 2,934,800,000 for the repair of the sewage treatment facilities, the 884,80,000 for the 11,454,800 won for the necessary and beneficial expenses for the instant building.
In order for the Plaintiff to claim the return of the lease deposit against the Defendant, or for the necessary and beneficial expenses, it should be proved that the Plaintiff legally succeeded to the status of the lessee from C, the lessee under the instant lease agreement, and in particular that the Defendant consented to the change of the lessee.