손해배상(기)
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings as to Gap evidence 1 and Eul evidence 1-1.
The Defendants, on January 19, 201, completed registration of preservation of ownership by 1/2 shares of each of the owners with respect to the 345.76 square meters (hereinafter “instant commercial building”) of the 345.76 square meters adjacent to the 2nd class neighborhood living facilities of the d ground reinforced concrete structure in Seopopo-si, Seopopo-si.
On March 29, 2016, after the filing of the instant lawsuit by Defendant B, donated his/her share to Defendant C, and the instant commercial building became owned by Defendant C from that time.
B. On January 17, 2011, the Plaintiff’s separate amount of value added tax of KRW 40,000,000 for lease deposit and annual rent of KRW 40,000 for the instant commercial building between the Defendants and the Defendants, each year;
4.1. A lease agreement stipulating that the lease is to be made by setting a period from April 1, 2011 to April 1, 2016 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”).
AB concluded the agreement.
C. The Plaintiff used the instant commercial building as a restaurant by installing facilities and interior facilities in the instant commercial building.
2. Judgment on the plaintiff's assertion
A. The gist of the Plaintiff’s assertion has been as follows: (a) the Plaintiff entered into the instant lease agreement; and (b) the facilities and the internal construction of the facilities using KRW 170,000,000,000 after entering into the instant lease agreement; and (c) the Plaintiff used the instant commercial building as a restaurant; and (d) on March 31, 2016, the termination date of the instant lease agreement, and (e) secured the premium for a new lessee from November 2015.
With respect to the terms and conditions of the new lease agreement on the commercial building of this case, the Defendants first notified the Plaintiff that the deposit and the annual rent should be set at KRW 50,000,000,000, respectively. Accordingly, the Defendants contacted the Defendants by seeking a person who intends to become a new lessee, and then contact the Defendants with the said person, respectively, at KRW 60,000,000.