CONTENTS
- 1. Namyangju Real Estate Attorney | Reviewing the Client's Case
- 2. Statutes Related to the Case, as Explained by the Namyangju Real Estate Attorney
- - Reviewing the Contract
- 3. The Assistance of the Namyangju Real Estate Attorney
- - Emphasizing the Relevant Legal Principles
- 4. Namyangju Real Estate Attorney | Plaintiff's Claim “Dismissed”
1. Namyangju Real Estate Attorney | Reviewing the Client's Case
The Namyangju real estate attorney's client was the lessee of the plaintiff's building.
In order to operate a nail salon, the client paid a lease deposit, prepared a contract agreeing to pay monthly rent each month, and entered into a one-year lease,
Because there was no restroom inside the nail salon, the client said, “It would be good if I could install a restroom,” and the plaintiff impliedly consented, saying, “I suppose so.”
The client installed a restroom inside the nail salon.
Afterward, water leaks occurred in several places inside the nail salon, including the restroom, and the client informed the plaintiff. The plaintiff inspected the entire nail salon, including the restroom, to check for leaks and promised to carry out waterproofing work.
Even thereafter, the plaintiff visited the nail salon on several occasions and checked the leaking areas and the restroom, and although the plaintiff was aware of the existence of the restroom, the plaintiff never once took issue with it.
Suddenly, however, the plaintiff stated that this amounted to a ‘structural alteration’ of the building requiring the lessor's consent under Article 3 of the lease, claimed that the restroom had been installed without his consent, and demanded that the lease be terminated and the building delivered immediately.
Because the client operated the nail salon for her livelihood, delivering the building would immediately place her livelihood at risk.
Since the client had not breached anything under the contract and the contract term still remained, she did not deliver the building,
The plaintiff in this case filed the present building delivery lawsuit demanding delivery of the building.
2. Statutes Related to the Case, as Explained by the Namyangju Real Estate Attorney
The Namyangju real estate attorney will explain the terms used in this case.
Lessee : the person who, under a lease, pays money and borrows the object for use
Lessor : the person who, under a lease, receives money and lends the object
Lease : a contract under which one party agrees to allow the other party to use and profit from the object, and the other party agrees to pay rent in return
Implied consent : consenting by indicating one's intention indirectly, without expressing it directly through words or conduct |
Reviewing the Contract
Let us review the contract provision that became a key issue in the Namyangju real estate attorney's client's case.
Lease Article 3 (Change of Use, Sublease, etc.) The lessee may not, without the lessor's consent, change the use or structure of the above real property, sublease it, assign the leasehold, or provide it as security, and may not use it for any purpose other than that of the lease. |
3. The Assistance of the Namyangju Real Estate Attorney
The Namyangju real estate attorney undertook the defense on behalf of the client.
Emphasizing the Relevant Legal Principles
Incheon District Court, Judgment of April 18, 2018, 2017Gadan237628 Around December 2013, the plaintiff received this building from the defendant, carried out interior construction for the operation of a beauty salon, installed a restroom inside the building (hereinafter the ‘restroom in this case’), and from around that time operated a beauty salon under the trade name ‘C.’ At that time, a restroom was installed on the exterior of this building, but it was not only located across the yard (parking lot) on the exterior of the entire building, but was also a restroom used jointly by the users of the entire building. Examining the matter, considering the use and structure of this building as shown in the facts found above, the location and usage status of the exterior restroom of this building, and the status of the restroom in this case, taken together, it is difficult to find that the defendant, the lessee, having installed the restroom in this case inside the building, amounts to a ‘structural alteration’ of this building requiring the lessor's consent under Article 3 of the lease in this case. Therefore, even if there had been no consent from the plaintiff regarding the installation of the restroom in this case, the plaintiff's notice of termination in this case, based on a violation of Article 3 of the lease in this case, is unlawful and without effect. In that case, the plaintiff's claim is without merit and is therefore dismissed, and judgment is rendered as set out in the disposition. |
In light of the above precedent, the client's installation of the restroom does not amount to a structural alteration requiring the lessor's consent.
There are seven commercial units on the first floor of the building where the client's nail salon is located; there is no restroom on the first floor, and a shared restroom is installed only on the second floor.
Since all of the commercial units on the first and second floors use the second-floor restroom, it is in very short supply, and customers of the client's nail salon had to go up to the second floor to use the restroom.
Going back and forth to the second floor for the restroom during a treatment is inconvenient and could therefore affect the client's business revenue.
In addition, because the restroom can be restored to its original state when the lease is terminated, it is not a structural alteration requiring the lessor's consent.
Accordingly, the plaintiff's claim should be dismissed so that the lease may continue.
4. Namyangju Real Estate Attorney | Plaintiff's Claim “Dismissed”
After hearing the Namyangju real estate attorney's defense of the client, the court rendered a judgment dismissing the plaintiff's claim.
Considering the status of the restroom in this case and other circumstances taken together, it was difficult to find that installing a restroom inside the nail salon amounted to a structural alteration requiring the lessor's consent.
Receiving a notice of termination before the expiration date of the lease can immediately create problems for one's livelihood.
If you are in a situation similar to the client's, you may entrust your case to 🔗Daeryun.
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