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1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the appellate court are all dismissed.
2. Appeal;
Reasons
1. Basic facts
A. The Defendants, as the parties, are co-owners of the building I and its ground (hereinafter “instant building”) in Jung-gu, Seoul, and Defendant B, as the co-owner of the said building and the remaining Defendants’ agent, entered into a lease agreement with the Plaintiff and the Plaintiff on the third floor 128.8m2 of the said building (hereinafter “instant store”).
The Plaintiff is a person who has been engaged in the skin beauty business in the foregoing store by taking over the facility and the right of lease, etc. from the former lessee K, who had been operating the skin beauty business in the store of this case.
B. (i) On February 15, 201, the Plaintiff entered into a lease agreement with K to take over all the lease rights and facilities of the skin room operated by K at the instant store in KRW 100 million, and the Plaintiff agreed to take over the obligations against the existing customers of the skin room.
However, the transferee's name in the contract was M.
B. On February 21, 2011, the Plaintiff entered into a lease agreement with Defendant B, who represented by the remaining Defendants, with the instant store. The term of the contract was from March 1, 2011 to March 31, 2012; the lease deposit was KRW 30 million; and the monthly rent was KRW 3 million.
(hereinafter “Lease”) At the time of the conclusion of the instant lease agreement, the Plaintiff expressed that Defendant B and the N engaging in the instant building management work would be able to have long-term operations in the future, and Defendant B and N said that “I would like to sell the instant building, so I would like to run well in the future.”
Consolidatedly, the Plaintiff and Defendant B entered into the instant lease agreement on March 29, 201 and set forth the monthly rent as KRW 3.24 million from April 1, 201.
C. (i) The Defendants sold the instant building to O and P on January 3, 2012 and notified the Plaintiff of the sale of the said building on January 19, 2012. The lease agreement on the instant store was concluded on January 2012.