손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On May 17, 2012, E leased a deposit amounting to KRW 5,00,000,000, and KRW 660,000,000 per month for the first floor among the buildings owned by F on the G ground of Busan Dong-gu (hereinafter “instant building”) and transferred the right to lease of the instant commercial building to the Plaintiffs on May 17, 2012, while operating the general restaurant in the trade name “H” in the instant commercial building.
B. Accordingly, between F and F on June 23, 2012, the Plaintiffs concluded a lease agreement with respect to the instant commercial building with a deposit of KRW 5,00,000, KRW 660,00 per month, and the period from June 23, 2012 to June 22, 2015, the Plaintiffs renewed the said lease agreement with F and F to the effect that: (a) the instant commercial building was operated as a day-to-day drinking house; (b) again, on July 5, 2014, an increase of deposit and rent between F and F and F to the effect that the said lease agreement will be renewed from June 23, 2014 to June 22, 2015.
C. Meanwhile, the Defendants purchased the instant building from F on September 30, 2014 and succeeded to F’s status as a lessor of the instant commercial building by completing the registration of ownership transfer for the instant building on November 26, 2014. At present, the term of validity was extended until June 22, 2017 due to implied renewal after the expiration of the said lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 4, the purport of the whole pleadings
2. The parties' assertion
A. The Defendants asserted that the instant lease agreement was explicitly renewed, and thereafter, from March 2016 to March 3, 2016, the Plaintiff notified the Plaintiffs of the intent to refuse the contract to the new lessee on the ground of reconstruction of the instant building and caused the Plaintiffs to lose the opportunity to recover the premium.
This is a lessee's premium under Article 10-4(1) of the Commercial Building Lease Protection Act(hereinafter "Commercial Building Lease Protection Act").