CONTENTS
- 1. The Client Who Requested Assistance from a Gangnam Real Estate Attorney
- - Laws Relating to the Lease Agreement Explained by the Gangnam Real Estate Attorney
- 2. Gangnam Real Estate Attorney Identifies the Facts of the Client's Gangnam Real Estate Lawsuit
- - Gangnam Real Estate Attorney, Matters Assisted in the Gangnam Real Estate Case
- 3. Court Accepts the Gangnam Real Estate Attorney's Argument and Dismisses the Termination Notice
- - Why the Help of a Gangnam Real Estate Attorney Is Needed
1. The Client Who Requested Assistance from a Gangnam Real Estate Attorney
The client who came to a Gangnam real estate attorney was operating a hair salon in Gangnam.
One day, the client received a lease termination notice from the lessor.
The notice stated that, because the client had violated Article 3 of the lease agreement, the plaintiff (the lessor) was giving notice of termination of the contract pursuant to Article 4 of the lease agreement.
Laws Relating to the Lease Agreement Explained by the Gangnam Real Estate Attorney
What are Articles 3 and 4 of the lease agreement, such that the client suddenly received a certified mail notice of lease termination?
The Gangnam real estate attorney at Daeryun LLC will explain.
A lease agreement is a contract under which the lessor provides the building to the lessee, and the lessee, in return, pays a certain rent.
This Article 3 of the lease agreement provides that the lessee must not change the use or structure of the real property without the lessor's consent.
If the lessee changes the use or structure of the lessor's real property without the lessor's consent, the lessee violates Article 3 of the lease agreement, and pursuant to Article 4 of the lease agreement, the lessor may immediately terminate the contract.
So then, what was the issue between the client and the plaintiff in this Gangnam real estate lawsuit?
2. Gangnam Real Estate Attorney Identifies the Facts of the Client's Gangnam Real Estate Lawsuit
The client who requested assistance from the Daeryun Gangnam real estate attorney was operating a shop on the first floor of the plaintiff's commercial building.
The first floor of the plaintiff's building had no common restroom, and a common restroom was installed only on the second floor.
For the client's customers to reach the second-floor common restroom, they had to go a long way around the building, and the second-floor common restroom did not have many toilets either.
One month before the start of the lease term, the client, while carrying out interior construction to operate the hair salon, installed a restroom inside the rear of the shop and operated the salon.
On the ground that ‘the client had changed the structure without the lessor's consent and had installed a restroom without a septic tank, thereby exposing the property to the risk of sanctions from the authorities,’ the plaintiff sent a lease termination notice.
In response, the client requested the help of the Daeryun Gangnam real estate attorney to obtain a dismissal of the lease termination notice.
Gangnam Real Estate Attorney, Matters Assisted in the Gangnam Real Estate Case
The Daeryun Gangnam real estate attorney emphasized that "taken as a whole, the grounds for termination asserted by the plaintiff did not arise in this lease agreement, so the lease termination notice is improper and without effect."
Did the client violate Article 3 of the lease agreement by installing the restroom without consent, and may the plaintiff terminate this lease agreement pursuant to Article 4 of the lease agreement?
The client installed the restroom with the plaintiff's consent.
In addition, installing a restroom inside the shop does not constitute a ‘structural change’ under Article 3 of the lease agreement.
Did the client install a restroom without a septic tank and discharge the sewage and wastewater from the restroom without authorization, thereby exposing the plaintiff's property to the risk of sanctions from the authorities?
As a result of the Daeryun Gangnam real estate attorney's investigation, the property is connected to a sewer line linked to a public sewage treatment facility on the surrounding road, so there is no obligation to install a septic tank.
Accordingly, the plaintiff's assertion that ‘the client created a risk of sanctions by failing to install a septic tank’ is not established.
The plaintiff cannot continue the lease agreement because of the broken relationship of trust with the client.
The Daeryun Gangnam real estate attorney argued that this reason cannot be regarded as a ground for termination of the lease agreement.
3. Court Accepts the Gangnam Real Estate Attorney's Argument and Dismisses the Termination Notice
The court's judgment, accepting the arguments of the Gangnam real estate attorney, is as follows.
■In light of the use of the shop and the location and conditions of use of the common restroom outside the shop, it is difficult to regard the client's installation of this restroom as a ‘structural change’ to this building of the degree requiring the lessor's consent under Article 3 of the lease agreement.
■Even if there was no consent from the plaintiff for the installation of this restroom, it cannot be said to be a violation of Article 3 of this lease agreement.
■The client's installation of this restroom without a septic tank is also not a serious ground that can be regarded as an act betraying trust.
Why the Help of a Gangnam Real Estate Attorney Is Needed
A real estate lawsuit involves not only civil and criminal disputes but also various administrative regulations, so legal disputes across multiple fields can arise at the same time, and the assistance of a real estate attorney specializing in this area is needed.
The Gangnam real estate attorney at Daeryun LLC has experience with a variety of real estate cases, from construction matters such as construction lawsuits and construction payment to lease and eviction disputes.
If you need help with a Gangnam real estate matter, please seek out the Gangnam real estate attorney at Daeryun LLC.
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