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(영문) 서울남부지방법원 2018.08.17 2017가단254932
손해배상(기)
Text

1. The Defendant’s KRW 68,287,00 for the Plaintiff and 6% per annum from December 7, 2017 to August 17, 2018.

Reasons

1. Facts of recognition;

A. On January 10, 2010, the Plaintiff entered into a contract with B, the representative of the lessor, and the six and seven floors (hereinafter “instant commercial building”) from among the seven-story buildings owned by B, C, etc., Geumcheon-gu Seoul Metropolitan Government D ground No. 60,000,000, monthly rent of KRW 2,740,000 (excluding value-added tax; hereinafter the same shall apply), and the period from January 10, 201 to December 10, 201 (hereinafter “instant lease contract”). At that time, the Plaintiff paid the foregoing security deposit and operated the mutual public notice source as “E” at that point.

B. On December 24, 2015, the Plaintiff continued to renew the instant lease agreement and concluded a contract to lease the instant commercial building by setting the deposit amount of KRW 60,000,000, monthly rent of KRW 2,740,000, and the period from December 24, 2015 to December 24, 2017.

C. However, on December 29, 2015, the Defendant purchased the entire building including the instant commercial building from the equity owners, including C, a lessor, and completed the registration of ownership transfer on March 10, 2016.

Accordingly, the Defendant, who succeeded to the lessor’s status of the instant lease agreement, planned to use the Plaintiff the entire building including the instant commercial building, and thus, did not intend to renew the instant lease agreement. On October 19, 2017, notified the Plaintiff on December 24, 2017, which was the expiration date of the lease term, to transfer the instant commercial building.

E. On the other hand, on October 18, 2017, the Plaintiff entered into a premium agreement with F to transfer intangible values, such as tangible values, such as business facilities, fixtures, and facilities, and goodwill, of the instant shopping district, to F, which are the cause of public notice, at KRW 120,000 for premiums.

On October 20 and November 2, 2017, the Plaintiff demanded two times to conclude a new lease agreement with F that the Plaintiff wishes to become a new lessee arranged by the Plaintiff, and finally, on November 10, 2017.

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