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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. Since the Defendant acquired the ownership of the building “D Private Co., Ltd.” (hereinafter “instant building”) on January 21, 2015, the Daegu-gun District Court: (a) operated D Private Co., Ltd. in the said building; (b) sold the said building to E Association on January 17, 2017; and (c) completed the registration of ownership transfer under the name of the relevant Association on January 24, 2017.
B. On January 18, 2016, the Plaintiff leased from the Defendant the part inside a female bath room (hereinafter “instant store”) of the instant building by setting the lease deposit of 40 million won, monthly rent of 300,000 won (payment on January 20), from January 21, 2016 to January 20, 2019 (hereinafter “instant lease contract”). From that time, the Plaintiff operated the store without registering its business at the said store until January 30, 2017, and sold bathing, drinking, water, clothing, etc.
C. The Defendant demanded the Plaintiff to deliver the instant store until February 3, 2017, when selling the instant building, as described in the foregoing Paragraph (a). After that, the Defendant returned the entire lease deposit of KRW 40 million to the Plaintiff from January 26, 2017 to February 2, 2017. The Plaintiff distributed some of the goods, such as beverages and disposable products, in the instant store for the same period, free of charge to customers, and stored the place where some goods, such as ice, were disposed of, and the Defendant did not pay the rent for the last month to the Defendant.
After receiving the full amount of the lease deposit as stated in the above paragraph (c), the Plaintiff removed the Plaintiff’s goods remaining in the instant store from the instant store on February 3, 2017, without placing any goods remaining in the instant store. On February 5, 2017, the Defendant arbitrarily loaded the Plaintiff’s goods remaining in the instant store, and then handed over the entire building including the instant store to the buyer around that time.
E. After that, the Plaintiff rendered content-certified mail to the Defendant on February 8, 2017 and February 21, 2017.