임대차보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 20, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) stipulating that “30,000,000 won for security deposit, monthly rent of KRW 600,000 for tea, and the period of lease from April 1, 2013 to March 31, 2015,” with the Defendant and Busan Metropolitan City 112 retail stores 42.4 square meters for the instant building (hereinafter “instant building”). From around that time, the Plaintiff was handed over the instant building and operated the instant building as D trade name from around August 21, 2014 to around March 31, 2015.
From April 1, 2015, the Plaintiff and the Defendant increased the rent to KRW 700,000 per month when renewed the instant lease agreement.
On October 30, 2015, the Plaintiff entered into a contract for the transfer of rights (hereinafter “instant contract for the transfer of rights”) with the premium of KRW 24,000,000 (including facility costs) for the instant building and E (hereinafter “instant contract”).
However, since a lease agreement on the instant building was not concluded between the Defendant and E, the instant contract was reversed on November 3, 2015.
At the time of leasing the instant building, the Plaintiff paid KRW 20,000,000 to the lessee F, under the pretext of the premium and facility cost, and the value of the premium for the instant building as of November 2015 is KRW 17,506,00.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, appraiser G's appraisal result, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. While the Plaintiff’s assertion explicitly renewed the instant lease agreement with the Defendant, the Plaintiff notified the Defendant of the termination of the instant lease agreement on July 2015, and the instant lease agreement was terminated around October 2015.
On November 1, 2015, the Plaintiff entered into the instant contract on the transfer of rights with the amount of KRW 24,000,000 (including facility costs) for the instant building as to the instant building. The Defendant refused to enter into a lease agreement with E as to the instant building with the person who wishes to become a new lessee arranged by the Plaintiff without justifiable grounds.
Therefore, it is true.