(영문) 부산지방법원 2018.02.09 2017나47755

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(영문) 부산지방법원 2018.02.09 2017나47755

손해배상(기)

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. At the time of the Busan Dong-gu G Ground Building (hereinafter “instant building”), E leased the instant building from F, the owner of the instant building, to operate a general restaurant with the trade name of “H” (hereinafter “H”). On May 17, 2012, E transferred the right to lease of the instant commercial building at KRW 90 million to the Plaintiffs.

B. Accordingly, between F and F on June 23, 2012, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant commercial building by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 660,000,000, and from June 23, 2012 to June 22, 2015 (hereinafter “the instant lease agreement”). After completing the business registration with the trade name “I” in the instant commercial building, the Plaintiffs operated the food service house. On July 5, 2014, the instant lease agreement was renewed by changing the lease deposit amount of the instant lease between F and F from June 5, 2014 to June 22, 2015.

C. The Defendants, from F on November 26, 2014, succeeded to the status of a lessor under the instant lease agreement after completing the registration of ownership transfer for the reason of sale as of September 30, 2014 with respect to the instant building.

On May 31, 2017, the Plaintiffs arranged between J and J to allow them to rent the instant commercial building, and concluded a premium contract with the content that transfers the right to lease of the instant commercial building KRW 150 million for the premium (hereinafter “the instant premium contract”). On June 8, 2017, the instant lawsuit was underway, via K, an attorney-at-law, who is a representative of the Defendants, sent a document verifying mail requesting the Plaintiffs to enter into a lease agreement with J as to the instant commercial building. At that time, the said content-certified mail reached, but the Defendants refused to enter into a lease agreement with J and the instant commercial building.

E. On the other hand, the instant lease contract has expired after the lease term expires.

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