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Reasons
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(영문) 광주지방법원 2019.06.19 2018가단512865
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 February 13, 2015, the Plaintiff entered into a lease contract with a rental deposit of KRW 30,000,000, monthly rent of KRW 2,100,000, and the contract period from April 1, 2015 to March 31, 2017, with respect to the facilities and business of H-ju W-ro store (hereinafter “instant restaurant”) operated on the first floor of the building (hereinafter “instant building”). On the same day, G acquired the entire amount of KRW 151,00,000,000 for the premium.

B. The Defendants purchased the instant building from the foregoing D and E on September 10, 2015, and completed the registration of ownership transfer on October 19 of the same year.

C. On October 27, 2015, the Plaintiff decided to transfer business rights and facilities under the condition that the Plaintiff would receive KRW 70,000,000 premium for the instant restaurant from J, which was introduced through a licensed real estate agent I, and received down payment of KRW 10,000,000 on the same day.

On November 17, 2015, the Plaintiff and Defendant B met at the Licensed Real Estate Agent Office located in Dong-gu, Gwangju to enter into a lease agreement with J on November 17, 2015. The Defendants wished to enter into a new lease agreement with J during the remainder of the lease agreement with the Plaintiff (til March 31, 2017), and the J did not enter into a lease agreement with the Defendants.

E. As the Plaintiff did not enter into a lease contract between J and the Defendants, the Plaintiff returned KRW 10,000,000 to J.

F. On August 31, 2016, the Plaintiff sent to the Defendants a written request for the termination of the instant lease agreement to the effect that “the instant lease agreement is terminated as of September 30, 2016, and the lessor, upon the termination of the said contract, clearly states that the lessor is not responsible for the premium and facility costs.” The Defendants consented thereto, and the Plaintiff ordered the instant restaurant on August 31, 2016.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 to 4 evidence, witness I's testimony, the purport of the whole pleadings

2. The plaintiff alleged by the parties is governed by JJ.

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