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1. The plaintiff's claim is dismissed.
2. Of the litigation costs, 50% is borne by the Plaintiff, and the remainder is borne by the Defendant, respectively.
Reasons
1. Facts of recognition;
A. The Defendant, on April 10, 2014, leased the instant store as KRW 100 million, and five years from April 15, 2014 to April 14, 2019, and KRW 8 million from the rent month (excluding KRW 8.5 million per month from April 15, 2016 to April 14, 2019) to F.
B. Since then, the Plaintiff entered into a lease lease agreement with G, who is the husband of F, with the amount of KRW 200 million. On September 16, 2014, the Plaintiff entered into a lease lease agreement with the Defendant to change only to the Plaintiff.
Accordingly, the Plaintiff operated “H” at the store of this case from that time.
C. On January 18, 2019, the Plaintiff presented a plan to increase the rent by KRW 10 million per month while expressing the Defendant’s intent to renew the lease. However, the Defendant rejected the demand for renewal on February 2019.
Accordingly, on March 22, 2019, the Plaintiff colored a new lessee, and entered into a premium contract with I and the premium amount of KRW 150 million with 10 million.
E. On March 25, 2019, the Defendant made it clear that the Plaintiff or his family would be expected to use and benefit from the instant store directly, and thus, would not comply with the intermediation of the new lessee.
F. From April 1, 2019, the Plaintiff occupied the instant store without paying the amount of unjust enrichment equivalent to rent or rent from April 1, 2019 to the date of closing argument.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. Key issues and the judgment thereof
A. Articles 10-4(1)4 of the Commercial Building Lease Protection Act (hereinafter “Act”) and 10-4(such as protection of opportunity to recover premiums) (1) of the said Act (hereinafter “Act”) provides that a lessee is arranged according to a premium contract by doing any of the following acts from six months to six months before the term of the lease expires to the end of the lease.