손해배상(기)
1. The Defendants shall jointly:
A. The delivery of the building indicated in the “Real Estate Indication” attached to the Plaintiff is intended.
Facts of recognition
The Defendants are sharing the first floor F of the E Building “E” (hereinafter “instant store”) in the proportion of 1/2, respectively.
(A) On April 13, 2016, the Plaintiff entered into a lease agreement with the Defendants on April 13, 2016, wherein the term of lease for the instant store was from May 20, 2016 to May 19, 2018, and KRW 30 million, monthly rent of KRW 1.5 million (hereinafter “instant lease agreement”).
(A) Article 5 of the instant lease agreement provides that the Plaintiff shall restore the instant store to its original state upon the termination of the lease and return it to the Defendants.
The plaintiff was engaged in restaurant business in the name of "G" at the store of this case.
The Plaintiff and the Defendants did not express their intent to terminate the instant lease upon the lapse of May 19, 2018, which was the termination date of the first agreed lease term. As such, the instant lease was implicitly renewed on two occasions until May 19, 2020.
On February 17, 2020, the Plaintiff requested for the conclusion of a premium contract and the lessee’s change of the premium for the instant store with Nonparty H as KRW 65 million. In return, the Plaintiff arranged the Defendants as a new lessee, and entered into a premium contract (Evidence A4; hereinafter “the premium contract for the instant case”) with the content that the Plaintiff will transfer all tangible and intangible rights, such as business facilities, fixtures, customers, and business advantages according to the location of the instant store.
The Plaintiff, around that time, notified the Defendants of the conclusion of the instant premium contract, demanded the Defendants to conclude a lease agreement with H as a new lessee.
Defendant C’s refusal to enter into a lease agreement with the Plaintiff on February 2, 2020 should be deemed to be “a person who wishes to enter a new lessee” to the Plaintiff (new lessee).
A. The sound is (compact).