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(영문) 서울북부지방법원 2020.09.16 2019나34228
건물
Text

The Defendant (Counterclaim Plaintiff)’s appeal on the main lawsuit is dismissed.

The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) on 4,500.

Reasons

All principal lawsuit and counterclaims shall be deemed to have been filed.

1. Facts of recognition;

A. On February 14, 2011, the Defendant entered into a contract with C to lease the instant store with a lease deposit of KRW 15 million, monthly rent of KRW 600,000 (excluding value-added tax), from March 21, 2011 to March 20, 2013 (hereinafter “instant lease contract”), and began to run real estate brokerage business with the trade name “E” at the said store, and the said contract was implicitly renewed.

B. On March 17, 2014, the Plaintiff succeeded to the instant lease agreement while purchasing the instant store from C, and on October 7, 2015, the Plaintiff expressed his/her intent to refuse to renew the instant lease agreement to the Defendant with content certification.

C. On January 18, 2016, the Defendant colored a new lessee for the instant store, and entered into a premium contract with D with KRW 18,000,000 (hereinafter “instant premium contract”). The said premium contract stated that “where the permission for real estate brokerage business is not possible, the said contract shall be invalidated” as the special terms and conditions, and that “real estate trade name and telephone number shall be used by the transferor, and no objection shall be raised by the transferee against the same kind of business opening within the same business district.”

On January 19, 2016, the Defendant requested the Plaintiff to conclude a lease agreement by February 20, 2016, attaching the instant premium contract to the Plaintiff.

However, the Plaintiff did not respond thereto. On March 14, 2016, the Plaintiff demanded the Defendant to issue an order to the instant store by March 20, 2016, which is the termination date of the instant lease agreement, and demanded the presentation of text messages on March 19, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

(a)the cause of the claim;

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