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The plaintiff's appeal is dismissed in entirety.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On November 14, 2016, the Plaintiff entered into a lease agreement with D, E, and F on the first underground floor among the buildings located in Guro-gu Seoul Metropolitan Government (hereinafter “instant store”) with the term of lease from November 14, 2016 to November 13, 2017, with the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,60,000 (excluding value-added tax), and operated the “H Coina bank” from around that time. The instant lease agreement was implicitly renewed on November 14, 2017.
B. On March 14, 2018, the Defendants purchased the above building and completed the registration of ownership transfer in the name of the Defendants.
C. On April 11, 2018, the Plaintiff entered into a lease agreement between the Defendants to increase the monthly rent of KRW 600,000 with respect to the instant store (hereinafter “instant lease agreement”). On June 6, 2018, the Plaintiff decided to increase the monthly rent of KRW 400,000 by reducing the amount of KRW 20,000 out of the amount of the said rent increase.
The Plaintiff paid the Defendants that the rent was finally increased from April 2018 to September 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff asserts that since I and J introduced the instant lease agreement as a new building owner, and agreed to renew the rent increase amount, the agreement on the rent increase amount of the instant lease agreement constitutes an act of an unentitled person’s disposal, and thus becomes null and void, or is an expression of intent by deception or coercion made in collusion with the Defendants, and thus, it should be revoked. Accordingly, the Defendants should return 40,000 won (rent 400,000 and value-added tax 40,000) out of the monthly rent from April to September, 2018, which was received from the Plaintiff, as the sum of KRW 2,640,000,000 (=440,000 x 6 months) out of the monthly rent from September 2018.
Domins, Gap et al.