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Reasons
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(영문) 서울동부지방법원 2020.06.10 2018가단126468
손해배상(기)
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1. The Defendant’s KRW 63,105,60 for the Plaintiff and KRW 5% per annum from August 10, 2018 to June 10, 2020.

Reasons

1. Facts of recognition;

A. On July 31, 2006, the Plaintiff entered into a lease contract between C, D, and E with respect to the first floor 35 square meters (hereinafter “instant store”) of the fourth floor of Songpa-gu Seoul Metropolitan Government F ground (hereinafter “instant building”) with the name of “G” during which the lease contract was concluded between KRW 40,000,000, monthly rent 2,720,000, and monthly rent 2,720,000, and the lease contract was renewed from July 31, 2006 to July 31, 2007 (hereinafter “the lease contract”) with respect to the instant store from July 20, 2016, during which the said lease was renewed, to July 20, 2016, the lease contract was concluded between C, D, and E with respect to the instant store (hereinafter “the lease contract”).

B. The Defendant concluded a sales contract to purchase the instant building from C, D, and E on March 21, 2017 and concluded the same year.

5.25. Completion of the registration of ownership transfer.

C. Around April 27, 2018, the Defendant notified the Plaintiff that the instant lease contract should not be renewed after July 31, 2018 when the instant lease term expires, and accordingly, the Defendant sent notice to the Plaintiff that the instant store will be restored to its original state and delivered.

On July 6, 2018, the Plaintiff entered into a premium agreement with H to KRW 160,000 for the instant store (hereinafter “instant premium agreement”) and received KRW 16,000,000 as the down payment from H on the same day.

E. On July 6, 2018, the Defendant notified the Plaintiff of the fact that “In order to remodel the instant building, the Defendant entered into a contract with a contractor, etc., so that it does not interfere with the eviction schedule.”

F. On July 10, 2018, the Plaintiff: (a) concluded a premium contract with H to the Defendant; and (b) requested the Defendant to conclude a lease contract with the new lessee to recover the premium; and (c) on July 13, 2018, the Defendant remodeled the instant building at the time of the sale of the instant building to directly use it as the company’s company’s business.

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