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(영문) 창원지방법원통영지원 2014.10.23 2014가합181
임차보증금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) shall draw up an annexed map of 541.9 square meters on one floor among the real estate listed in the attached Table from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 26, 2012, after consultation with C (the Defendant’s money), the Plaintiff entered into a contract with the Defendant to lease the instant building with a deposit of KRW 100,000,000, monthly rent of KRW 5,500,000, and the lease period from June 30, 2012 to June 30, 2017 (hereinafter “instant lease contract”), and subsequently, the Plaintiff paid the said deposit to the Defendant for the said deposit and carried on the instant building in the form of a wedding project, such as a “Denk”, and carried on the instant building.

B. Around December 2013, the Plaintiff notified the Defendant of the termination of the instant lease agreement and provided a correction device in the instant building, and filed a report on the business closure of the said wedding hall and the waste sheet around January 2014.

C. Meanwhile, the Plaintiff paid the rent to the Defendant up to November 2013, but did not pay the remainder.

【Ground of recognition】 Facts without dispute, entries in Gap evidence 1, 2, 5, and 12, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff asserts that the lease contract of this case is terminated because it is impossible to use or make profits from the building of this case in accordance with the purpose stipulated in the lease contract of this case, such as where the building of this case was in operation of a wedding hall and a cover-to-land project in the building of this case, the Plaintiff is obliged to return the lease contract of this case, because the Plaintiff was unable to use or make profits from the building of this case in accordance with the purpose stipulated in the lease contract of this case, such as where the building of this case was in operation of a wedding hall and a cover-to-land project, and where the rain coming from the rain, the wall of the third floor, the cover-to-land and the cover-to-land of the fourth floor in the cover-to-land and the wall of the fourth floor in the cover-to-land.

(Article 623 of the Civil Act) Therefore, if an object is destroyed or damaged, it shall not be repaired.

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