logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.10.26 2015가단42866
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the building located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant building”), the ownership transfer registration of the name D was completed on November 19, 1997 with respect to the building located in Seongdong-gu Seoul Metropolitan Government (hereinafter “the instant building”), the ownership transfer registration of the Defendant’s name was completed on April 3, 2014 (the date of registration on February 4, 2014).

B. On October 14, 2010, the Plaintiff entered into a lease agreement with D, the former owner of the instant building, and with respect to the first and third floors of the instant building, KRW 10,000,000, monthly rent of KRW 1,000, and the lease term of KRW 1,000,000, and the lease term of the instant building by October 13, 2012, and operated “E” clothing stores on the first and third floors of the said building.

Upon renewal of the above lease agreement on October 13, 2012, the Plaintiff and D agreed to KRW 30,000,000 for lease deposit, KRW 3,000 for monthly rent, and the lease term until October 13, 2014.

On the other hand, the Plaintiff paid KRW 230,00,00 to F, a lessee, before entering into the lease agreement as of October 14, 2010, but concluded the lease agreement as of October 14, 2010 and the renewal agreement as of October 13, 2012 with D, the Plaintiff entered into a special agreement that “the premium is not recognized in entirety.”

C. On October 13, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the third floor of the instant building by setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 3,300,000, and the lease term of KRW 3,300,000 as of October 13, 2015.

At that time, the Plaintiff and the Defendant agreed to enter into a special agreement, “This contract is one-year extension contract, and the lessee will comply with the lessor’s request for termination of the contract without any legal act, including the Commercial Building Lease Protection Act and any other legal act upon the expiration of the contract, and immediately issue an order.” (2) and (3).

The defendant on July 8, 2015 and

8. 17. Each content-certified mail notifies the Plaintiff that the instant lease contract should not be renewed.

arrow