손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 30, 2013, the Plaintiff entered into a contract for the transfer and acquisition of the right of lease and facilities with respect to the lease and facilities of 104 and 105 (hereinafter “instant real estate”) of the Dong-gu D building 105 (hereinafter “instant real estate”) with C, the Plaintiff paid KRW 10,000,000 out of the acquisition price for the said transfer price on the date of the contract party, and the remainder of KRW 40,00,000 on the date of August 12, 2013. On August 12, 2013 and the instant real estate, the Plaintiff entered into the lease agreement with E, “The deposit KRW 10,00,000 (including value-added tax) and the term of lease from August 12, 2013 to October 11, 2015 (hereinafter “the instant real estate”).
On September 13, 2014, the Defendant acquired ownership of the instant real estate, and succeeded to the lessor’s status under the instant lease agreement.
On May 12, 2015, the Plaintiff entered into a contract on the transfer or acquisition of rights (hereinafter “instant premium contract”) with respect to the right to lease of real estate between G and G, which sets forth the amount of KRW 40 million for the right to lease of real estate (hereinafter “the instant premium contract”). However, the agreement on the instant real estate was not concluded between the Defendant and G, and was terminated.
On July 22, 2015, the Plaintiff entered into a contract on the transfer or acquisition of the right to lease of the instant real estate (hereinafter “instant premium contract”) with H, which stipulates the right to lease of the instant real estate as KRW 70 million (hereinafter “the instant premium contract”). However, the Defendant and H did not enter into a lease agreement on the instant real estate, and thus was terminated.
The instant lease agreement between the Plaintiff and the Defendant expired on October 11, 2015, and the Plaintiff delivered the instant real estate to the Defendant, and the Defendant returned the lease deposit with respect to the instant real estate to the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 4-1, 2, Gap evidence 5-1 and 5-2, and the purport of the whole pleadings.