Namyangju Real Estate Attorney | Defended the Defendant in a Building Delivery Lawsuit and Obtained a “Dismissal” Judgment

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.

The Namyangju real estate attorney will explain the terms used in this case.

The Namyangju real estate attorney undertook the defense on behalf of the client.

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.