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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s cause of claim is the cause of the instant claim, and the Plaintiff used the commercial building from the Defendant to the office of real estate intermediaries and transferred the premium to the new lessee. Since the Defendant interfered with this, the Defendant asserts that, pursuant to Article 10-4 of the Commercial Building Lease Protection Act, the Defendant is obliged to pay the Plaintiff the total amount of KRW 95 million for property damages and KRW 5 million for property damages.
2. Facts of recognition;
A. On May 2014, a lease agreement was concluded between Nonparty C (Plaintiff’s wife) and the Defendant, with the content that C leases part of 67.32 square meters of the first floor of the building on the ground of Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government (hereinafter “instant store”) from the Defendant, with the lease deposit of KRW 20 million, monthly rent of KRW 1.3 million, monthly rent of KRW 1.3 million, and the term of lease from May 2014 to May 2016.
(B) If a lessee is sub-lease without the lessor’s consent, or if the lessee fails to pay rent more than twice, the lessor agreed that the lease contract may be terminated. However, at the instant store, the Plaintiff registered the business under the trade name of the “E Licensed Real Estate Agent Office” and registered the business of the brokerage office, and the Defendant issued a tax invoice for the rent of KRW 1,300,000 per month received by the Plaintiff.
B. As C or the Plaintiff occupied and used the instant store, it was delayed from March 14, 2016. Accordingly, on May 19, 2016, the Defendant sent to the Plaintiff a certificate of the content that the lease contract is terminated on the ground that the lease contract was terminated due to the overdue rent for more than two years and the sublease without the lessor’s consent.
C. On June 2016, the Defendant filed a lawsuit against the Plaintiff and Seoul Western District Court 2016Kadan17067 (Seoul Western District Court 2016Gadan17067) to transfer the instant store to the Defendant and the Plaintiff on August 2017, and the ratio of KRW 1.3 million from March 14, 2016 to the delivery of the store.