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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 4, 2013, the Defendant and B entered into a lease agreement with the term of 30,000,000 won for lease deposit, monthly rent of 1,80,000 won (excluding value-added tax), and December 31, 2015 for lease deposit of 20,000,000 won for lease deposit of 340,000 and 341 for the third floor of D building located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, the Defendant and B, which were owned by the Defendant, on December 4, 2013 (amended by January 3, 2015, as of December 31, 2016), and in relation to restitution, the lessee may not claim against the lessor for expenses incurred in human subjects, etc. implemented as required for use, and in the event of any change in the use, structure, etc., it shall be restored to the original state and delivered to the lessor."
B. B, while operating a car page with the trade name “E” in the above part of the building, due to the difficulties in financial situation, failed to pay monthly rent and management expenses, and proposed to accept the car page by paying an amount equivalent to KRW 28,000,000, such as monthly rent and management expenses in arrears to the Plaintiff on October 2015, but the Plaintiff began to operate the car page with the trade name “F store” on October 12, 2015 with the payment of the monthly rent in arrears. However, on October 12, 2015, the Plaintiff transferred KRW 4,00,000 to the Defendant on December 4, 2015 with the payment of the overdue management fee, and began to operate the car page with the trade name “F store.”
C. On October 31, 2016, the Plaintiff paid the monthly rent and management expenses for the use of the said part of the building to the Defendant and the D Management Body, and on December 31, 2016, the Plaintiff notified the Plaintiff of the termination and withdrawal of the said lease agreement by mail and the Plaintiff by content-certified mail of December 22, 2016, totaling KRW 7,200,000 (from September 31, 2016 to December 12, 2016) and the unpaid management expenses totaling KRW 31,62,930 (including late 15 months from February 2014 to February 2016).
[Ground of recognition] No dispute exists, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 9 (including paper numbers), witness G and B, and the purport of the whole pleadings.