기타(금전)
The plaintiff's claim against the defendants is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On February 14, 2018, the Plaintiff, from H, operated a restaurant with the trade name “K” after renting a deposit amount of KRW 12,000,000, monthly rent of KRW 950,000, and the period from March 1, 2018 to February 28, 202, the Plaintiff leased the part of 33.01 square meters (hereinafter “instant store”) out of 66 square meters for the wooden wood tank and roof single-story business (hereinafter “instant building”) of Yeongdeungpo-gu Seoul Metropolitan Government Building J, Yeongdeungpo-gu (hereinafter “instant lease”), and paid KRW 18,00,000 to the existing lessee operating convenience stores as the transfer money or premium of the facility (hereinafter “instant lease”).
B. On February 15, 2019, H died and completed the registration of the transfer of public land on September 2, 2019 on the instant building on the ground of testamentary gift on February 15, 2019 by Defendant C, E, and Defendant D, F, and D, F, and D, who are the children of the network H (hereinafter “the Deceased”).
(c)
On April 9, 2020, the Defendants filed a lawsuit against the Plaintiff on April 9, 2020 against the Seoul Southern District Court 2020Kadan5802 on the ground that the Plaintiff was in arrears for more than three occasions, and currently pending the lawsuit.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, and the purport of this court's significant facts and changes
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff leased the instant store, which was used as convenience stores, and then disbursed approximately KRW 38,000,000 as construction cost for the instant store’s main facilities, toilets, etc. to use it for restaurant purposes; and (b) KRW 12,00,000 as construction cost for other collection facilities and articles.
Therefore, the Defendants, who succeeded to the lessor status of the instant lease agreement, are obligated to reimburse the Plaintiff KRW 50,000,000 as beneficial cost.
Second, after receiving the notice of termination of the instant lease contract from the Defendant, the Plaintiff is the lessee to recover KRW 18,00,000 from the former lessee for the transfer of the facility or premium paid to the former lessee.