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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As of September 8, 2010, the Plaintiff agreed to rent the lease deposit of KRW 160 million, monthly rent of KRW 550 million, KRW 250 million, and the lease period from October 14, 2010 to October 14, 2015, with respect to the commercial building of KRW 150,000,000,000,000 for the first floor of the D D building 1,01 (hereinafter “instant commercial building”) from the former sectional owner C during Ansan-si period from the former sectional owner C, and the Plaintiff agreed to transfer the deposit of KRW 10,000,000,000 to the former lessee and KRW 1,50,000,000,000 for the monthly rent.
(hereinafter referred to as “the instant lease agreement”). After the Defendant purchased the instant commercial building from C on August 20, 2015 and succeeded to the lessor’s status under the instant lease agreement.
B. On August 25, 2015, the Defendant sent to the Plaintiff a written notice on August 25, 2015, stating that “It is inevitable to increase the deposit and monthly rent due to the sales amount of commercial buildings and the increase in bank loan interest rates at the time of the renewal of the instant lease contract.”
C. On August 28, 2015, the Plaintiff entered into a premium agreement with the Defendant on August 21, 2015, stating that “the Plaintiff would be a new lessee of the remainder of the commercial building of this case, other than the fixed copor, and issued a certificate of content requiring renewal of the contract at rent corresponding to the existing rent.”
Then, the Defendant concluded a two-year contract without the lessor’s consent, on September 23, 2015, on the following grounds: “The Plaintiff wishes to renew the contract with the new lessee by setting a deposit of KRW 150 million, monthly rent of KRW 6.5 million.” The Plaintiff sent the content of the contract to the new lessee or to purchase facilities to the same effect: (a) the Defendant ultimately did not provide the Plaintiff with new lessee’s information; and (b) concluded a two-year contract without the lessor’s consent.