logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.08.09 2017나201553
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 8, 2010, the Plaintiff entered into a lease agreement with the lessee E of No. 101, 200,000,000, premium of KRW 24,000,000 for lease deposit (transfer of right) on the first floor (hereinafter “the instant building”). On November 18, 2010, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with the owner of the instant building at the time of the instant building, setting the lease deposit amount of KRW 10,00,000 for the instant building and KRW 1,000,000 for the instant building (hereinafter “the instant lease agreement”) from November 18, 2010 to November 18, 2012.

B. On October 9, 2013, C sold the instant building to the Defendant, and completed the registration of ownership transfer in the name of the Defendant on October 25, 2013, and the Defendant succeeded to the lessor’s status under the instant lease agreement from C.

C. Since then, the instant lease agreement was renewed, and the Plaintiff and the Defendant agreed to increase the amount of KRW 50,000 to KRW 1,050,000, monthly rent around the beginning of 2015.

On November 18, 2015, the termination date of the renewed lease contract, the Defendant expressed to the Plaintiff the intent to refuse the renewal of the lease contract.

E. On November 14, 2015, the Plaintiff requested the Defendant to enter into a lease agreement with the new lessee and the new lessee to pay the premium to the new lessee. However, the Defendant demanded the new lessee to increase the lease deposit to KRW 20,000,000, and the new lessee renounced the conclusion of the lease agreement with the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant demanded that the deposit be increased from the existing KRW 10,000,000 to the new lessee arranged by the Plaintiff from the existing KRW 20,000,000 is the new lessee arranged by the lessor without any justifiable reason.

arrow