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1. The Defendant’s KRW 20,800,200 as well as the Plaintiff’s annual rate of 5% from July 3, 2017 to August 13, 2018.
Reasons
1. Basic facts: ① Deposit KRW 10,000,000, and term of lease from May 14, 2012 to May 13, 2013, 2013 ② Gigle (one year) KRW 11,00,000, ③ Contract may be renewed at the expiration of the term of lease. ⑤ The lessee does not recognize facility cost and key money for the lessee with the approval of the lessor at the time of lease to the lessee (which appears to mean transfer of lease or lease).
(6) Upon termination of the contract, the lessee shall order the lessor to order the lessor to take up the collection of goods and fixtures and claim the deposit only.
A. On May 10, 2012, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to three debentures and one sperm (hereinafter “instant commercial buildings”) among the buildings located in Jeju-si D, Jeju-si, which are owned by the Defendant, as follows:
(However, the lease contract entered the lessor into E).
With the Defendant’s consent, the Plaintiff acquired the instant right of lease from C on the same condition, and received a notarized receipt on November 26, 2012, and operated a soup restaurant at the instant building.
C. The instant lease agreement has been renewed every year in 2016, and the contract period was extended by May 13, 2017.
On March 31, 2017, the Plaintiff entered into a contract with F to transfer and take over the right to KRW 38 million for the instant commercial building. On April 6, 2017, the Plaintiff demanded the Defendant to enter into a lease contract with F, but the Defendant rejected it.
E. The instant lease agreement terminated on May 13, 2017, and the Defendant returned KRW 10,000,000 to the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 7, 8 (including additional numbers), witness F's testimony, the purport of the whole pleadings
2. The parties' assertion
A. Article 10-4(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) provides that the Defendant’s refusal to enter into a lease agreement with F is an act.