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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. In the first instance trial, the Plaintiff sought against the Defendant the payment of KRW 49,40,000 for damages due to interference with collecting premiums, and ② KRW 39,60,000 for damages equivalent to the rent due to the removal from the store before the expiration of the lease term.
The first instance court has accepted part of the claim and dismissed the remainder of the claim, and only the defendant appealed. Thus, the scope of the judgment of this court is limited to the claim ① which is the above cited part.
2. Basic facts
A. 1) The Plaintiff’s father, from October 1, 2002, around October 1, 2002, has a store of 72.73 square meters per floor among the buildings indicated in the attached list purchased by K, the Plaintiff’s mother, (hereinafter the above building is referred to as “instant building” and one of the above stores is referred to as “instant store.”
(2) On October 31, 2005, K sold the instant building to L, around October 31, 2005, and accordingly, the Plaintiff’s father entered into a lease agreement between L and L to lease the instant store at KRW 25 million and KRW 1.2 million in monthly rent.
3) On September 19, 2007, the Plaintiff entered into a lease agreement with L to lease the instant store of KRW 25 million, monthly rent of KRW 1.2 million, and the term of lease from November 21, 2007 to November 20, 2009, and continued to engage in the business for which his father was his father. The said lease agreement was renewed several times, and was partially reduced by the monthly rent in the process. 3) The Defendant purchased the instant building from L on November 28, 2014 and completed the registration of ownership transfer on December 30, 2014.
4) Around that time, the Defendant demanded that the Plaintiff raise the lease deposit of the instant store at KRW 35 million, and that the monthly rent at KRW 2 million.5) On January 6, 2015, the Defendant succeeded to the existing lease agreement on the instant store between the Plaintiff and the Plaintiff on January 6, 2015, but the lease deposit is increased to KRW 35 million, and the term of existence is up to November 20, 2015.