(영문) 수원지방법원성남지원 2020.11.11 2019가단210412

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(영문) 수원지방법원성남지원 2020.11.11 2019가단210412

임대차보증금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 28, 2018, the Plaintiff entered into a real estate lease agreement (hereinafter “instant agreement”) with the Defendants to sublease all the three floors of the instant building with the lessor on the following grounds: (a) the deposit amount was KRW 250 million; and (b) the monthly rent was KRW 10 million (excluding value-added tax).

However, since the building of this case was prior to approval for use at the time of the conclusion of the contract of this case, and was scheduled to extend the building after approval for use, the following special terms and conditions were entered in separate agreements as stated below.

[Special Agreement]

2. This contract is based on the premise that the use of the building is approved.

Therefore, if approval for use of a building was not made before June 30, 2018, it is null and void, and if damage occurs to the sub-lessee, the lessor bears the loss.

3. The lessor shall specify the use of the object as a general restaurant and deliver it to the sub-lessee;

Provided, That the amount borne by the sewage burden shall be borne by the lessor and the lessee each one half.

6. A sub-lease shall be exempted from the rent for two months from the balance date of the sub-lessee;

(Period of In-house Construction Works). [Agreement]

5. As of the date of a contract, all the affairs of construction, such as design change, indication change, and approval for use of extension, following the extension after the approval for use of a building has been granted, shall be implemented by E upon delegation by a lessor, and the lessor shall obtain approval for use until June 30, 2018 so that the business of the lessee and the sub-lessee may be changed from the time to time;

Provided, That where a loss occurs to a lessee or sub-lessee due to the failure to obtain approval for use by the fixed date, the lessor shall bear such loss.

(Extended Construction Works shall begin simultaneously with obtaining approval for use of a building as of the date of the contract)

6. The cost of extension of the third floor (40 square meters) of construction work.

유사 판례

-서울중앙지방법원 2018.06.11 2017가단5186304

-서울중앙지방법원 2018.07.04 2015가합571979

-대구지방법원서부지원 2016.04.28 2015가합5591

-서울중앙지방법원 2019.04.10 2018가합558717

-울산지방법원 2017.04.12 2016가합22567