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(영문) 서울서부지방법원 2021.01.29 2020가단220662
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 13, 2017, the Plaintiff concluded a lease agreement with the Defendant and the lessee for rent KRW 30 million, monthly rent of KRW 3.4 million, and the lease period of KRW 3.4 million from February 2, 2017 to February 1, 2019 (hereinafter “the lease agreement in this case”). The Plaintiff concluded a lease agreement with a two-year period from February 2, 2017 to February 1, 2019 (hereinafter “the lease agreement in this case”).

At the time, the Defendant notified the Plaintiff that the building of this case may be newly constructed.

The plaintiff paid a deposit of KRW 30 million to the defendant on the same day, and has used the real estate of this case as a public notice source until now.

B. On January 2018, the Defendant should remove the instant building and construct a new building to the Plaintiff. As such, whether the instant real estate can be handed over to the Plaintiff;

The Plaintiff refused to pay 40 million won in the name of the premium on the face of the Blue Dlue Dlue Dlue Dlue Dlue Dlue Dlue Dlue.

(c)

On or after February 1, 2019, the termination date of the instant lease agreement, the Plaintiff continued to possess and use the said real estate even after the lapse of February 1, 2019, and thereafter, the Plaintiff paid KRW 3.9 million each month after March 2019 at the Defendant’s request that the deposit for lease should be increased to KRW 3.9 million (including value added tax) monthly, while maintaining the deposit for lease as the same as the transfer contract (the Plaintiff did not prepare a new lease agreement).

On November 26, 2019, the Plaintiff expressed to the Defendant that he had the intent to transfer the right to lease the real estate of this case to another person by telephoneing the phone, and thereafter discussed the above cases with the Plaintiff and the Defendant together with the certified broker at the certified broker office in Mapo-gu office.

E. Meanwhile, around November 21, 2019, the Plaintiff is engaged in all facilities and businesses within the instant real estate in light of E and Total premium of KRW 70 million.

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