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(영문) 서울남부지방법원 2016.04.12 2015가단226490
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. A. Around June 7, 2008, the Plaintiff acquired the right under a lease agreement from B on ten square meters (hereinafter “instant real estate”) among the first floor of the building in the Seocheon-gu, Seocheon-gu, Seocheon-gu C, Incheon (hereinafter “instant real estate”), and concluded a lease agreement with B as of June 1, 2008, for the instant real estate D, the owner of the instant real estate, and for the instant real estate, the deposit amount of KRW 40 million, monthly rent of KRW 150,000,000, and the lease period of KRW 10,000,000 as of June 10, 2009.

In July 201, the above lease was renewed until June 30, 2015 under the same condition, except that the deposit amount of KRW 50 million is increased to KRW 1.5 million, monthly rent of KRW 1.5 million.

B. After acquiring the ownership of the instant real estate from D on January 30, 2015, the Defendant succeeded to the said lease agreement between D and the Defendant on February 13, 2015.

C. On May 29, 2015, the Defendant notified the Plaintiff of his intent to refuse the renewal of the said lease by content-certified mail.

On the other hand, around May 27, 2015, the Defendant transferred to E the right under the lease agreement on the instant real estate in KRW 50 million, and arranged F to the Defendant as a new lessee of the instant real estate on May 29, 2015.

E. On June 30, 2015, the Plaintiff delivered the instant real estate to the Defendant upon the termination of the lease agreement with the Defendant.

[Ground for Authentication: Facts without dispute, entry in Gap evidence 1 through 8 (including each number in the case with a serial number), the purport of the whole pleadings]

2. The assertion and judgment

A. 1) The Plaintiff asserts that the Defendant is obligated to pay KRW 50 million to the Plaintiff on the ground that the Plaintiff suffered damages equivalent to KRW 50 million for premium, which the Plaintiff could have obtained by selling the right under the lease agreement with F, a lessee, by refusing to enter into a lease agreement with F, a new lessee arranged by the Plaintiff without justifiable grounds. As such, the Defendant is obligated to pay KRW 50 million to the Plaintiff.

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