(영문) 창원지방법원 2015.04.23 2014가단83381

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(영문) 창원지방법원 2015.04.23 2014가단83381

임대차보증금

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1. Defendant B pays KRW 30,000,000 to the Plaintiff.

2. The plaintiff's lawsuit against the defendant C shall be dismissed.

3. The plaintiff.

Reasons

1. Basic facts

A. On July 3, 2014, the Plaintiff entered into a real estate lease agreement with Defendant B, setting the deposit amount of KRW 30 million, KRW 1.5 million, and the lease term from September 10, 2014 to September 9, 2017, with respect to E Commercial Building Nos. 308 (hereinafter “instant commercial building”).

B. The Plaintiff paid KRW 30 million to the Defendant by July 10, 2014.

[Reasons for Recognition] Each entry in Gap evidence 1 and 2

2. At the time of the contract, the Plaintiff concluded a lease agreement on the instant commercial building to operate the dental clinic. At the time of the contract, the Plaintiff confirmed that the previous lessee could install the Plaintiff’s dental clinic signboard at the place where the building was installed among the front side side side side outer walls of the building.

However, Defendant C, the owner of E, set up a signboard of “F” at the place where the above signboard was installed, and the Plaintiff became unable to set up a signboard at that place.

If E-mail is unable to install a signboard on the front side side of the building, it shall not interfere with the business of the commercial building in this case and make it impossible to use or benefit from it for the purpose prescribed in the lease contract.

Therefore, as the lessor B did not fully perform his duty to use the commercial building of this case according to its purpose, the Plaintiff terminated the instant lease contract on the grounds of this, and Defendant B has the duty to refund the lease deposit to the Plaintiff.

Preliminaryly, Defendant C, even though the front outer wall of the building E, infringed on the common interests of the sectional owners by installing his own signboard and exclusively occupying and using it. Therefore, the Plaintiff, the lessee, in subrogation of Defendant B, the lessor, in order to preserve the right to use and benefit from the commercial building of this case.

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