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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 1, 2010, the Plaintiff leased C with the lease deposit of KRW 60,00,000,000, monthly rent of KRW 2,500,000, and the contract period of the rent of KRW 2,50,000, and the head of F with the trade name as F.
On June 25, 2010, the Plaintiff agreed to pay KRW 82,000,000 to the tenant G as the premium for the instant commercial building.
On July 21, 2012, the Defendant purchased the instant commercial building from C. On July 20, 2012, the Defendant leased it to the Plaintiff for one year on July 20, 2012, with the lease deposit of KRW 60,000,000, monthly rent of KRW 3,00,000, and the contract term of KRW 3,000.
After that, on July 27, 2013, the Plaintiff renewed the lease with the terms of KRW 3,200,000 and the term of the contract on July 19, 2014 (hereinafter referred to as “the lease of this case”).
On August 25, 2014, the Plaintiff sent to the Defendant a letter verifying that the lease of this case would be terminated after November 27, 2014, on the ground that the contract term expires.
On September 23, 2014, the Defendant agreed to terminate the instant lease on September 30, 2014.
Until October 2, 2014, the Plaintiff reported the closure of business and filed a report on the closure of business, and on the same day, the Plaintiff received KRW 56,786,000 from the Defendant, the lease deposit amount of KRW 56,786,00, and the amount of KRW 5,000,000 for the director expenses agreed upon at the time of the said agreement, and the amount of goods for air conditioners, etc. installed by the Plaintiff, and handed over the instant commercial building to the Defendant.
The Defendant leased the instant commercial building to H on the same day by the end of October 1, 2016, with the lease deposit of KRW 60,000,000, monthly rent of KRW 3,500,000, and the contract term of the said commercial building as of October 1, 2016. The Defendant was paid KRW 50,000,000 as premium.
[Ground of recognition] Gap 1-4, Eul 1, 2, 5, 6, 7, and H's testimony and the purport of the whole pleadings
2. The plaintiff notified the termination of the lease of this case, and the defendant also accepted the claim, at the time of accepting it, the plaintiff's premium from the new lessee.