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(영문) 서울중앙지방법원 2018.09.12 2017가단5227328
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. On September 17, 2012, the Plaintiff concluded a lease agreement with the term of KRW 150,00,000 for lease deposit, KRW 4,500,00 for rent monthly, and KRW 4,50,000 for lease period, from November 17, 2012 to November 16, 2017, and operated D members with the trade name of E and its affiliated facilities.

B. On May 26, 2016, the Defendant purchased the instant building from a non-party company and succeeded to a lessor status. On May 26, 2016 and July 1, 2016, the Defendant newly concluded a lease agreement on subparagraph 401 of the instant building between the Plaintiff and the Plaintiff (hereinafter “instant lease”).

According to the newly concluded lease agreement of this case, the rent was increased from 4,500,000 won per month to 4,725,000 won per month, and the lease period was the remainder of the existing lease period.

C. On July 14, 2017, the Defendant notified the Plaintiff of the purport that “the extension of the instant lease agreement has no intention to extend it, and the termination is terminated on November 16, 2017,” and that on August 11, 2017, the Plaintiff notified the Defendant of the purport that “if the Defendant has an intention to extend the instant lease agreement and there is no intention to extend it, the Defendant would act as a new lessee on behalf of the Defendant.”

On August 8, 2017, the Plaintiff entered into a transfer contract (hereinafter “instant transfer contract”) with Nonparty F and D’s members in the instant building No. 401 to transfer all of the business and facilities of Nonparty F and D’s members in the instant building KRW 300,000 for premiums (hereinafter “the instant premium contract”) or “the instant premium contract”).

E. On October 13, 2017, the Plaintiff notified the Defendant that he/she would act as a new lessee.

On October 24, 2017, the Defendant requested additional information from a person who wishes to become a new lessee arranged by the Plaintiff. On November 8, 2017, the Defendant intended to consult with the Plaintiff as a new lessee.

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