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(영문) 인천지방법원부천지원 2020.11.25 2020가단112708

건물

Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) received KRW 150,000,000 from the Plaintiff (Counterclaim Defendant) and simultaneously received it from the Plaintiff (Counterclaim Defendant).

Reasons

1. If the purport of the entire pleading is added to the statement in Gap evidence No. 1 as to the claim in this case, the plaintiff, around March 2015, connected the defendant around 1, 209.66 square meters of the underground floor of the building 1st floor listed in the attached Table No. 209.66 square meters of the attached Form No. 1, 2, 3, 4, and 1 (hereinafter referred to as "the real estate in this case") in order to connect each point of (a) part of 50,000,000 deposit money, monthly rent of 4,90,000,000, and period of lease of 5,30,000,000 won from May 15, 2015 to May 14, 2018, the plaintiff may recognize that the period of lease has been extended to May 14, 2020. The plaintiff is obligated to pay the defendant's real estate deposit money to the defendant in this case.

According to the above facts, the lease contract between the plaintiff and the defendant was terminated to be terminated, and therefore the defendant is obligated to deliver the real estate of this case to the plaintiff at the same time with the payment of deposit of KRW 150,000,000 from the plaintiff.

2. On April 8, 2020, the Defendant concluded a premium contract of KRW 150,000 with respect to the instant real estate with C on April 8, 2020, and the Plaintiff refused to conclude a lease contract with C without justifiable grounds on the grounds that the Plaintiff cannot conclude a private contract with C under the Private School Act. Thus, the Defendant should pay damages to the Defendant.

Article 10-4 of the Commercial Building Lease Protection Act provides that "a lessee shall not interfere with receiving premiums from a person who intends to become a new lessee arranged by a lessee according to a premium contract by doing any of the following acts from six months before the lease term expires until the termination of the lease (paragraph (1))." Paragraph (1) of the same Article provides that "a lessor shall not refuse to enter into a lease contract with a person who is arranged by a lessee as a new lessee by a lessee without any justifiable reason."