beta
Text
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 August 29, 2018, the Defendant and his or her deniedr C purchased a building of the second floor size on the ground located in Jinju-si E (hereinafter “instant building”) from D and acquired each of the ownership shares of the instant building.
B. Around the time the Defendant and C acquired the ownership of the instant building, F leased the first floor store of the instant building (hereinafter “instant store”) and operated the car page (hereinafter “instant car page”) with the trade name “G”.
C. On January 31, 201, when the period of F’s lease expires, the Plaintiff entered into a lease agreement with the Defendant as of January 31, 201 with respect to the instant store by setting the lease agreement as of KRW 40 million, KRW 1.5 million per month, and January 31, 2014, and thereafter acquired and operated the instant car page from F. The Plaintiff did not pay the premium to F.
Since September 2012, the defendant reduced the rent by one million won per month from September 2012 upon the plaintiff's request.
E. On January 15, 2015, the Plaintiff entered into a special agreement with the Defendant, C, and the instant store to renew the lease contract by setting the lease contract up to KRW 25,500,000 (the remainder after deducting the unpaid rent from the previous lease deposit), KRW 80,000,000 per month, and the lease term up to January 15, 2018.
F. Around the expiration of the Plaintiff’s lease agreement, H’s mother found the Plaintiff and intended to take over the instant car page. The Plaintiff demanded the Plaintiff’s mother’s mother to pay the premium.
G. The lease agreement between the Plaintiff and the Defendant was terminated on January 15, 2018.
H. On January 15, 2018, H entered into a lease agreement with the Defendant and C by setting the lease deposit of KRW 40 million, monthly rent of KRW 800,000, and January 15, 2012 with respect to the instant store and operated the car page at the instant store.
【Legal basis for recognition】