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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant concluded a lease agreement with respect to the business building 305 units of Yongsan-si Building 305 units of the instant commercial building (hereinafter “instant commercial building”) as the lease term from December 15, 2013 to December 14, 2015, the lease deposit amount of KRW 10 million and monthly rent of KRW 50,000 (excluding value-added tax).
(hereinafter “instant lease agreement”). B.
The Plaintiff operated a drum driving school on the instant building. However, the instant lease agreement was implicitly renewed because the Plaintiff and the Defendant did not express their intent to terminate the instant lease agreement until the termination of the instant lease agreement.
C. On June 28, 2016, the Plaintiff purchased buildings E and 206 from D on June 28, 2016 and purchased the same year.
8.7. Removal from the commercial building of this case and the above purchased real estate transferred the private teaching institute it operated.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination
A. On February 2, 2016, the Plaintiff’s assertion continued to continue the instant lease agreement, which was impliedly renewed, the Defendant heard the lawsuit that the Defendant plans to operate the three entire floors of the instant commercial building as a hospital, and confirmed the facts thereof to the Defendant. At the time, the Defendant: (a) did not have any relation to the instant commercial building; and (b) did not know the Plaintiff.
Accordingly, the Plaintiff trusted the Defendant’s horse and added construction necessary for the operation of the instant driving school.
In addition, on May 15, 2016, the defendant demanded the removal from the commercial building of this case while compensating the plaintiff for all damages, such as the facility cost invested by the plaintiff.
Since the defendant should immediately commence hospital interior, the plaintiff has to leave the store as soon as possible, and continuously demanded the plaintiff to leave the store of this case, and due to the defendant's demands, the plaintiff has to have no choice but to do so.