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(영문) 부산지방법원동부지원 2017.09.12 2016가단209254
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 23, 2011, the Plaintiff entered into a contract on the lease of 20,000,000, monthly rent of KRW 500,000, and the period from August 18, 201 to August 18, 2014 (hereinafter “instant lease contract”) with the Defendant for the first floor of 96.96 square meters (hereinafter “instant store”) among the buildings located in Busan-gun C, Busan-gun, and operated a coffee shop upon delivery of the instant store.

B. The instant lease agreement was explicitly renewed on August 19, 2014 and August 19, 2015, respectively.

On June 17, 2016, the Defendant entered into a contract to sell the instant store to a third party, and expressed his/her intention not to extend the instant lease contract by notifying the Defendant of the fact of sale on or around June 20, 2016.

C. On June 22, 2016, the Plaintiff agreed to renew the lease agreement by raising the monthly rent of KRW 600,000 to the Defendant around January 22, 2016. As such, the Plaintiff sent a certificate of the content that requests the renewal of the lease agreement.

On June 27, 2016, the Defendant sent to the Plaintiff a certificate of content that the instant store should be restored to its original state and delivered by August 18, 2016.

E. On July 8, 2016, the Defendant filed a lawsuit against the Plaintiff and the deceased and the deceased, seeking the delivery of the instant store (hereinafter “related lawsuit”) under the court 2016Kadan10560, and corrected the false name boxes as D on July 27, 2016.

On August 31, 2016, the Plaintiff delivered the instant store to the Defendant, and the Defendant withdrawn the relevant lawsuit on September 8, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, Eul evidence Nos. 1, 2 and 3 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. On June 26, 2016, the Plaintiff asserted that the Plaintiff entered into a contract to transfer a coffee shop at KRW 80,000,000 for the premium.

However, the defendant would refuse to enter into a lease agreement with D without any justifiable reason and raise the monthly rent from 500,000 to 700,000 won.

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