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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On May 2013, the Plaintiff leased the Yeongdeungpo-gu Seoul Metropolitan Government F Building G (hereinafter “instant commercial building”) owned by E from E (hereinafter “E”) by setting the lease deposit amount of KRW 80 million, monthly rent of KRW 2.8 million, May 20, 2013 to May 19, 2015 (hereinafter “instant lease contract”), and the said lease was renewed by May 19, 2019.
B. On October 25, 2019, the Plaintiff, on October 25, 2019, produced the product at a ear plant only until September of the previous year even though the lease term was expired on May 19, 2019, and promised by Daom as of October 2019 to settle and withdraw rent and management expenses related to Doom until October 2019.
C. On October 31, 2019, the Plaintiff sent a content-certified mail stating that “The Plaintiff would settle the rent and management expenses and request the refund of deposits by the end of October 2019, as the Plaintiff verbally notified the Defendant that he/she had no intention to extend the contract any longer according to the expiration of the lease agreement on May 19, 2019.”
H Co., Ltd. purchased the instant commercial building from E on November 7, 2018 and completed the registration of ownership transfer on December 27, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 4-1, 2, and Gap evidence 6, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion 1) The Defendant is a lessor who entered into a lease agreement with the Plaintiff on the commercial building of this case. Even if not, the Defendant was entrusted with management of the return of the lease deposit of this case by H, a corporation succeeding to the lessor’s status under the instant lease agreement. 2) The lease agreement between the Plaintiff and the Defendant expired on May 19, 2019, and the said lease agreement was implicitly renewed at the expiration of the term, and the Plaintiff was identical with October 25, 2019.