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(영문) 서울중앙지방법원 2017.09.21 2016가단5292165
손해배상
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 October 26, 2010, the Plaintiff entered into a lease agreement with B on a lease deposit for the lease deposit of KRW 30,000,000, monthly rent of KRW 2,000,000, and the lease term of November 11, 2010 to November 10, 2012 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid the lease deposit to B, delivered the instant commercial building from B, and operated a restaurant with the trade name “D” from the instant commercial building.

B. Around February 201, the Defendant purchased the instant commercial building from B and acquired its ownership.

Accordingly, the defendant succeeded to the lessor status of the commercial building of this case.

(2) The Plaintiff and the Defendant concluded a lease agreement with the same content even after the expiration of the initial lease term, with the content that the lease term from November 11, 2015 to December 31, 2015 should be extended from November 31, 2015, and the monthly rent from January 1, 2016 to December 31, 2015 should be KRW 2,50,000 when the lease contract is extended after the expiration of the initial lease term.

(3) Since January 1, 2016, the lease agreement between the Plaintiff and the Defendant was explicitly renewed and maintained at KRW 2,500,000, monthly rent.

(hereinafter “instant lease agreement”). C.

On March 12, 2016, prior to the termination of the lease agreement with the Defendant, the Plaintiff entered into a premium agreement with E to transfer the business facilities, etc. of the instant shopping district in KRW 70,000,000 for premium, and sent the content-certified mail requesting the Defendant to enter into a new lease agreement with E on March 18, 2016.

(2) However, on March 17, 2016, the Defendant used the instant commercial building for nonprofit purposes.

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