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(영문) 서울서부지방법원 2020.03.06 2019가단216803
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. The Plaintiff entered into a lease agreement with the former owner C on the first floor among the real estate listed in the attached list (hereinafter “the instant store”) with the lease deposit of KRW 70 million, monthly rent of KRW 3 million (excluding value-added tax), and from January 28, 2013 to January 27, 2014, and operated a beauty art room with the trade name “D”.

After that, the above contract was renewed by January 27, 2019 without any increase in deposit and monthly rent.

(hereinafter referred to as "the instant lease agreement". (b)

The Defendant purchased the entire real estate indicated in the attached list from C and succeeded to the lessor’s status of the instant store by completing the registration of ownership transfer on July 31, 2018.

Around August 6, 2018 and January 14, 2019, the Defendant notified the Plaintiff that the instant lease contract will not be renewed.

In the process, the plaintiff delivered to the defendant that he want to maintain the lease contract at least 5% of the monthly rent, but the defendant did not agree to extend the lease period by requesting the monthly rent of KRW 5 million (excluding value-added tax) at KRW 100 million.

C. Accordingly, the Plaintiff requested the new lessee to seek for the premium of KRW 10 million to the real estate brokerage office, and on January 2019, the Plaintiff discussed the premium contract with the real estate brokerage office as an agent for the real estate brokerage office. In this process, the Defendant stated that, in the real estate brokerage office, the Plaintiff concluded a new lease contract with the lessee arranged by the Plaintiff when the conditions of KRW 80 million are met, and KRW 3.8 million are satisfied.

Between the Plaintiff and E, the Plaintiff and E have written a contract for acquisition and transfer of rights on January 18, 2019, stating that “all of the house except for the Plaintiff’s individual parcels within the instant store shall be transferred to 110 million won as premium.”

E. The Plaintiff, through the certification of the content of January 21, 2019, protects the opportunity to recover the premium for the Commercial Building Lease Protection Act.

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