손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Basic Facts
The Plaintiff, around 2002, entered into a lease agreement with D, etc., where all co-owners of the building listed in the separate sheet (hereinafter referred to as the “instant building”) on the instant building. On October 7, 2002, the Plaintiff registered the instant building as the location of the instant building, and operates the dan by up to now.
On March 26, 2012, the Plaintiff and D et al. continued to renew the above lease agreement, and newly drafted a lease agreement that the Plaintiff leases the instant building from D as of April 20, 2012 after setting the lease deposit amount of KRW 50,00,000, monthly rent of KRW 2,90,000, and the lease term of KRW 2,90,000 from April 20, 2012.
(hereinafter “instant lease agreement”). The Defendants purchased the instant building from the Defendants and succeeded to the status of a lessor on December 14, 2015, and purchased the instant building from D, etc. on December 14, 2015, and completed the registration of ownership transfer on December 11, 2015 with respect to the instant building on December 14, 2015.
The Defendants succeeded to the status as lessor of D, etc., and the instant lease agreement was renewed.
On December 14, 2015, the Defendants: (a) notified the Plaintiff that ownership of the instant building was changed; (b) planned large-scale repair and remodeling; (c) planned to be held in office in accordance with the surrounding market price; and (d) certified the content of the monthly rent payment account number for twelve months.
Accordingly, on December 24, 2015, the Plaintiff sent a certificate of content that the rent for December 24, 2015, which was paid to the former owner of the instant building, rather than the Defendants, and that it was discussed on matters such as remodeling, contract duration, etc.
The Defendants, on February 29, 2016, cannot renew the instant lease agreement on the grounds of substantial repair and remodeling of the building worn-out to the Plaintiff, and the Defendants, until April 19, 2016, which is the expiration date of the lease period.