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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The grounds for the plaintiff's claim are as follows.
On May 1, 2012, when the Plaintiff acquired a restaurant from Nonparty F, who was the former lessee of the building No. 103 in Nam-gu, Seoul, Seoul, and D, paid 30 million won premium to him/her on May 1, 2012. On May 2, 2012, the Plaintiff entered into a lease agreement between the Defendant and the lease deposit amount of KRW 30 million,000,000 monthly and operated “G” in the said store.
After that, the Plaintiff attempted to dispose of the restaurant after receiving an amount equivalent to the premium, and the person who wishes to become a new lessee on September 2015, the first instance court requested that the person to increase the rent of 5 million won, and the person to whom the first instance court requested the increase of the rent of 5 million won. While the person is too high, the Plaintiff did not dispose of the restaurant and operated the restaurant as it was on January 2017, and did not have to order the store on January 2017.
A person who intends to become a new lessee due to the defendant's unreasonable demand for rent of KRW 35 million from KRW 30 million to KRW 35 million; KRW 2.2 million from monthly rent of KRW 2 million to KRW 2.5 million from KRW 2.5 million from KRW 2.5 million from KRW 2.5 million from KRW 2 million) has waived a contract to sell a restaurant with the plaintiff
The defendant's act constitutes a tort or default that interferes with the collection of premiums by the plaintiff.
As a result, the plaintiff suffered damages equivalent to the premium, the defendant should compensate for 30,000,100 won according to Article 10-4 of the Commercial Building Lease Protection Act (protection of opportunity to recover the premium, etc.).
Since the plaintiff asserts Article 10-4 (1) 3 and 4 of the Commercial Building Lease Protection Act, it will be examined by dividing them.
The amount of rent and deposit for the significant amount referred to in subparagraph 3, to a person who intends to become a new lessee arranged by a lessee, shall be remarkably high in light of taxes and public charges on commercial buildings, rents and deposits for surrounding commercial buildings, and other charges.