손해배상(기)등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 201, the Plaintiff entered into a lease agreement on the said commercial building with Nonparty D, the owner of the Jung-gu Incheon Metropolitan City C apartment 210-dong 101 commercial building (hereinafter “instant commercial building”). On May 19, 201, the Plaintiff had been operating a sales business in the said commercial building after completing business registration with the location of the said commercial building.
B. After purchasing the instant commercial building from D on August 24, 2013, the Defendant completed the registration of ownership transfer on the said commercial building under Article 40226 of the Incheon District Court’s receipt on September 6, 2013, and succeeded to the said lease relationship between the Plaintiff and D.
C. While the Plaintiff and the Defendant renewed the instant commercial building lease agreement, on June 17, 2014, concluded a lease agreement with the term “1,000,000 won for lease deposit, 600,000 won for rent (Additional Tax) and from June 1, 2014 to June 1, 2015 for the term of lease.”
On May 3, 2015, the Defendant sent to the Plaintiff text messages stating that “The Defendant would not use the instant commercial building without absolute renewal contract at the expiration of five years,” and ② on March 27, 2016, the Defendant would not enter into a renewal contract and implied renewal contract with the Plaintiff regarding the instant commercial building. The instant commercial building was revised to KRW 12,00,000, monthly rent of KRW 800,000, and issued the instant commercial building to the real estate. As such, the Defendant sent to the Plaintiff letters stating that “The Plaintiff would recover a new monthly tenant even after the thickness of monthly revenue.”
E. On May 16, 2016, the Plaintiff entered into a contract on the transfer of rights between Nonparty E with the amounting to KRW 25,000,000 for the instant commercial building (contract amounting to KRW 10,000,000 for each payment on June 30, 2016).
hereinafter referred to as 'the premium contract of this case'
A person shall be appointed.
F. The lease agreement between the Plaintiff and the Defendant terminated on May 31, 2016. The Plaintiff transferred the instant commercial building to the Defendant on June 9, 2016, and the Defendant transferred KRW 10,502,00 to the Plaintiff on June 24, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and 12 respectively.