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Reasons
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(영문) 수원지방법원안양지원 2017.08.24 2016가합102059
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 7, 2011, the Plaintiff agreed to adjust the rent by setting the lease deposit of KRW 65 million, monthly rent of KRW 380,000 (excluding value-added tax; hereinafter the same shall apply) and from April 22, 2011 to KRW 51 months for the lease of the commercial building No. 1 (the first floor: 30 square meters: 10 square meters; hereinafter the “instant store”) located in Siriri-si (hereinafter the “instant store”) at KRW 65,5 million, monthly rent of KRW 380,000 (excluding value-added tax; hereinafter the same shall apply) from the Defendant.

B. On March 22, 2011, the Plaintiff entered into a real estate right transfer contract with D, which was the former lessee of the instant store, for the instant store as well as KRW 250 million. After entering into a lease contract with the Defendant, the Plaintiff operated the instant store with the trade name “E” in the instant store.

C. On April 22, 2013, the Plaintiff and the Defendant agreed to adjust the rent under a lease agreement as a unit of two years, and concluded a lease agreement with a period of KRW 65 million per month, KRW 4.4 million per month, and April 21, 2015 until April 21, 2015, and agreed to renew the lease agreement by mutual consultation within 15%, while guaranteeing the lease term as a special agreement, with a two-year period of up to two years. The term of the lease on March 11, 2015 from April 22, 2015 to March 10, 2016, the Plaintiff transferred the instant building to the Plaintiff on March 10, 201. However, the agreement that the period of the lease agreement is more than five days but not more than 25% prior to the expiration of the lease agreement should be applied retroactively to the Plaintiff on March 10, 2016 (hereinafter “the lease agreement”).

On January 2, 2016, two months before the termination of the instant lease agreement, the Plaintiff entered into a contract on the transfer of rights (hereinafter “the instant premium contract”) with F and verbally to transfer the right to operate the instant store amounting to KRW 250 million for the premium of KRW 200 million (hereinafter “the instant premium contract”).

E. On January 20, 2016, the defendant and F are only new around January 20, 201.

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