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(영문) 서울동부지방법원 2020.11.19 2019가단103394
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of the first floor of the commercial building located in Jongno-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

B. On February 2003, the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 2.2 million, and the period from February 1, 2003 to January 31, 2005. Thereafter, the said lease agreement has been renewed several times, and the said agreement has been renewed several times on February 11, 201, and was renewed as KRW 2.3 million on May 201, respectively.

(hereinafter “instant contract”). C.

On September 21, 2018, the Plaintiff entered into a contract with D on transfer and takeover of rights with D amounting to KRW 40 million, and arranged D to the Defendant as a new lessee.

However, the lease contract on the instant real estate between the Defendant and D was not concluded.

In other words, on November 22, 2018, the Plaintiff entered into a contract with E to transfer and take over a right of KRW 40 million for premium, and arranged E to the Defendant as a new lessee.

E. On November 28, 2018, the Defendant entered into a lease agreement with E as between KRW 50 million for the instant real estate, KRW 2.7 million for the monthly rent, and the period from December 31, 2018 to December 30, 2019. In the event that the instant real estate is reconstructed, the Defendant entered into a rebuilding agreement with E, without any condition, even before the expiration of the lease term.

F. On November 29, 2018, the Defendant: (a) requested E to prepare a written complaint stating that “In the event that the re-building of the instant real estate is carried out, without raising any objection to the premium; and (b) if requested by the Defendant, to leave the site,” the Defendant sent to E text messages stating that the said lease is terminated on the following day.

G. The Plaintiff is a lease agreement between the Defendant and E as above.

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