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Reasons
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(영문) 부산지방법원동부지원 2016.10.20 2016가합100552
손해배상(기)
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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. From September 25, 2003, the Defendant owned the land D (hereinafter “instant land”) in Busan Nam-gu, Busan (hereinafter “instant land”).

B. On October 31, 2004, E leased the instant land from the Defendant for the period of KRW 100,000,000, monthly rent of KRW 3,000,000, and the period of October 30, 2006, and operated the parking lot from the instant land.

C. F On February 17, 2005, upon introduction by G, acquired from E the right to operate a parking lot from E in the instant land in KRW 70,000,00.

On February 25, 2005, the first buyer acquired the above parking lot operation right from F, and entered into a contract to lease the instant land with the Defendant with a deposit of KRW 100,000,000, monthly rent of KRW 3,000,000, and the period from February 28, 2005 to February 24, 2005 (hereinafter “first lease contract”), and paid KRW 100,000,000 to the Defendant on the same day.

On January 11, 2007, the designated parties concluded a contract to lease the instant land with the Defendant for a fixed term of KRW 100,000,000 per deposit, KRW 3,500,00 per month of rent, and KRW 3,50,000 per month from March 1, 2007 (hereinafter “second lease contract”).

E. On January 21, 2010, the Selection concluded a contract to lease the instant land with the Defendant as KRW 150,000,000, monthly rent, KRW 4,500,000, and the period from March 1, 2010 (hereinafter “third lease contract”), and paid KRW 50,000,000 increased to the Defendant on the same day.

F. On February 22, 2013, the Appointor concluded a contract to lease the instant land with a deposit of KRW 150,000,000 per month, KRW 4,80,000 per month, and the period from March 1, 2013 to 36 months (hereinafter “No. 4 lease contract”) with the Defendant, and agreed to the effect that “if the lessee wishes to terminate the instant land within the contract period due to the lessee’s and lessee’s circumstances, he/she shall notify the lessee and the lessor thereof three months prior to the contract period (Article 9).”

G. The Appointor from May 25, 2005 to the Plaintiff.

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