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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. On September 24, 2013, the Plaintiff entered into a contract with the Defendant and the Songpa-gu Seoul Metropolitan Government 101 commercial building (hereinafter “instant commercial building”) on the lease of KRW 20 million, KRW 1700,000 per month, KRW 1700,000 per month, management expenses, and KRW 100,000 per month, and the period from September 30, 2013 to September 30, 2015 (hereinafter “instant lease contract”), and operated a real estate brokerage business in the instant commercial building with the trade name “D.”
B. On July 1, 2015, prior to the expiration of the instant lease agreement, the Defendant sent to the Plaintiff a certificate of the content that “The instant lease agreement will terminate on September 30, 2015, and if so, deliver the instant commercial building, and then file a claim for extradition.” If the instant lease agreement is renewed, it shall be increased to KRW 2 million per month.”
C. On July 2, 2015, the Plaintiff filed a claim for the renewal of the instant lease agreement with the Defendant, and the Defendant continued to demand that the Plaintiff increase the rent to KRW 2 million per month on August 2, 2015 and August 31, 2015. On October 2, 2015, the Defendant again collects KRW 2 million per month from October 1, 2015.
“Along with the issuance of proof of each content, the Defendant filed an application for adjustment against the Defendant, Seoul Eastern District Court 2015 Ma1293. D. The instant conciliation case did not lead to mediation between the Plaintiff and the Defendant, and the said conciliation case was implemented as a lawsuit with the same court 2015 Ma137115 on December 31, 2015. On August 25, 2016, when the said lawsuit was pending, the Defendant would not renew the instant lease agreement to the Plaintiff.
“On the other hand, the Plaintiff sent a certificate of content, and filed a counterclaim seeking a refund of deposit under the same court’s 2016Gadan134328. E. On November 30, 2016, the Plaintiff handed over the instant commercial building to the Defendant, and confirmed that the instant lease contract was terminated on December 30, 2016 between the Plaintiff and the Defendant, and the Defendant confirmed that the instant lease contract was terminated on December 5, 2016.