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1. The Defendant: (a) KRW 11,548,367 to the Plaintiff, as well as KRW 5% per annum from April 21, 2017 to August 14, 2018; and (b).
Reasons
1. Basic facts
A. On January 30, 2014, the Plaintiff leased Nonparty B, from Nonparty B, to July 30, 2018, the lease deposit of KRW 20 million, monthly rent of KRW 1.8 million (including management expenses), and the lease term of KRW 1.8 million from July 30, 2013 to July 30, 2018.
B. On May 20, 2016, the Defendant concluded a contract to purchase the instant building from Nonparty B, and completed the registration of ownership transfer by the Busan District Court No. 39622, Jul. 11, 2016.
C. On May 2015, the Plaintiff maintained the lease relationship with Nonparty B during the lease period for the instant building through consultation with Nonparty B, while leaving the interior of the instant building as is. From July 2016, the Plaintiff paid monthly rent (one hundred and five hundred thousand won per month from July 2015 to March 2016, and one million won per month from April 2016) agreed with Nonparty B.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2, and 1 of evidence Nos. 1, 3 and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion (i.e., payment of monthly rent to the lessor even if the Plaintiff did not use the instant building was for the termination of the lease relationship after receiving the premium of KRW 30 million from the new lessee.
However, since the Defendant’s purchase of the instant building and refusal to prepare a legitimate lease agreement between the Plaintiff and the Plaintiff and the Plaintiff’s unilateral termination of the lease agreement by unilaterally using the Plaintiff’s failure to pay monthly rent constitutes interfering with the Plaintiff’s collection of the premium, the Defendant should compensate the Plaintiff for damages equivalent to KRW 30 million.
The monthly rent to be paid by the Plaintiff to the Defendant is KRW 1 million per month.
From July 2016 to November 21, 2016, the Plaintiff shall pay the Defendant the amount of KRW 4 million for a period of four months until the Plaintiff is certified as the content of the declaration of intent to terminate the lease contract.