beta
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 Defendants owned 1/2 shares of each of the 6th floor buildings on the ground C in Nam-gu Incheon Metropolitan City (hereinafter “instant building”).
B. On April 13, 2011, the Plaintiff entered into a lease agreement with the Defendants on the first and second floors among the instant building (hereinafter “instant store”).
1) Lease deposit: 20 million won (Article 3(2) of the Lease Contract): KRW 9 million per month (Article 3), and the period of contract for public use management expenses: KRW 500,000 per month (Article 5(3)): 5 years (Article 2(4) from the opening date ( August 25, 201) to the beginning date (Article 5). If the Defendants sell the instant building to a third party within the term of contract with the Plaintiff, they should sell it under the condition that they succeed to the contents of this contract in whole.
However, the defendants should compensate for the plaintiff's loss (the estimated amount during the remaining lease period on the basis of the balance of depreciation of the interior works, the transfer cost, and the average profit during the three-month period before the sale of the leased object).
(Article 9(4))
C. On July 21, 201, the Defendants completed the registration of the establishment of chonsegwon from August 25, 201 to August 24, 2016, under Article 70851 of the Incheon District Court’s receipt of the Incheon District Court (hereinafter “Seoul District Court Decision 200,000,000 square meters in part of the central part of 197 square meters and 225 square meters in part of the 197 square meters in part of the 1st floor of the building for store use, and the duration of the two floors.
The Defendants sold the instant building to D and E (hereinafter “D, etc.”) on August 13, 2013.
The above sales contract was entered as follows: “1, 2, 2,000,000 won per month, 9,000 won per day, 2,000 won per day, 2,000 won per day, 2,000 won per day, KT, LG 12,40,00 won.
E. D, etc. demanded the Plaintiff to conclude a new lease agreement.
F. Accordingly, on December 2013, the Plaintiff entered into a lease agreement with D, etc. on the following terms retroactively from the date of the sales contract for the instant building.
1) Lease deposit: 20 million won per month: 11 million won per month, and public management expenses: the three contract period of KRW 1 million per month: From August 13, 2013 to August 12, 2016.