beta
Text
1. The plaintiff's counterclaim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
Reasons
1. Basic facts
A. On March 19, 2015, the counterclaim Defendant completed the registration of ownership transfer on March 12, 2015, with respect to the land and the third floor building on the land in Busan-gun and its ground.
B. On March 20, 2015, the counterclaim Defendant entered into a lease agreement with the Lessee that was the lessee of the first floor of the building (hereinafter “instant store”) by setting the deposit amount of KRW 50 million, monthly rent of KRW 2.8 million (including additional tax) and the lease period of the said store as two years.
C. On March 20, 2017, the Counterclaim concluded a lease agreement with the Counterclaim Defendant to renew the instant store; the deposit and monthly rent are as they are; and the term of the lease was modified to March 20, 2019 (hereinafter “instant lease agreement”); it is not possible to file a claim for all the premium and facility expenses under the said agreement; it is not re-contract at the expiration of the contract; it is not possible to raise 9% of the monthly rent on the condition that the instant store is immediately transferred; and if it is not complied with, it is stipulated under a special agreement to pay 9% of the annual rent to the Counterclaim Defendant for 2.8 million won (hereinafter “instant special agreement”).
On February 4, 2019, the counterclaim Defendant demanded the counterclaim to deliver the instant store to the Counterclaim Plaintiff on the expiration date of the lease term. On March 4, 2019, the counterclaim entered into a commercial building lease premium contract (hereinafter “instant premium contract”) with the content that: (a) around March 4, 2019, the Lessee determined the premium amounting to KRW 70,000,000 and transfers the business facilities, fixtures, etc. of the instant store; (b) on the same day, the Counterclaim Defendant entered into a new lease contract with D on the ground that he/she entered into a new lease contract with D on the grounds that he/she entered into a premium contract with D. The said notification was sent to the Counterclaim Defendant at that time.
E. On March 20, 2019, the counterclaim Defendant refused to enter into a lease agreement with D, and filed an objection against the counterclaim.