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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 16, 2014, the Plaintiff leased the lease deposit of 40,00 won, monthly rent of 1720,000 won, and the lease period from September 30, 2014 to September 30, 2015, the Plaintiff leased the lease contract (hereinafter referred to as “instant lease contract”) from the Defendant from the Defendant during the period from September 30, 2015 to September 30, 2016, by setting the deposit amount of 50,000 won, monthly rent of KRW 2 million, and the lease period of KRW 2 million from September 30, 2015 to September 30, 2016.
B. Since then, while the instant lease agreement was implicitly renewed, the Plaintiff’s legal representative delegated by the Plaintiff sent to the Defendant the mail that the instant lease agreement would be terminated pursuant to Article 10(5) of the Commercial Building Lease Protection Act on April 5, 2018, and the said mail reached the Defendant on April 9, 2018.
C. On April 18, 2018, upon the Plaintiff’s delegation, the Plaintiff’s attorney sent to the Defendant a mail stating that “The instant lease agreement is terminated upon the expiration of three months from April 9, 2018, when the content-certified mail as of April 5, 2018, which was delivered to the Defendant, was concluded, and the Plaintiff entered into a contract for transfer and takeover of rights (facilities) of KRW 120,000 for the premium (hereinafter “the instant premium contract”). However, the said mail was returned to the Defendant as a closed mail, and the Plaintiff’s attorney sent the instant mail to the Defendant on May 8, 2018.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings
2. The Plaintiff’s summary of the Plaintiff’s assertion concluded a contract for the transfer of the right of KRW 1.20 million with D intended to become a new lessee, and then sent content-certified mail to the Defendant to arrange for a lease contract with a new lessee, and sent E Messen. On June 11, 2018, the Plaintiff sent Messenger to the Defendant.