손해배상(기)등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the judgment of the court of first instance are as follows, with the exception that the Plaintiff’s new argument in the court of first instance is added to the following determination as to the assertion, and that “the matters of this case” in Article 2(11) (hereinafter “this case’s special agreement”) among the reasons for the judgment of the court of first instance is “(hereinafter “instant special agreement”, and the matters of the said special agreement are as indicated in paragraphs (3) through (5) of this case’s special agreement.” Thus, it is identical to the reasons for the judgment of the court of first instance under the main sentence of Article
2. Judgment on the Plaintiff’s additional assertion
A. The Plaintiff’s assertion that the prohibition of transfer of the right of lease without the lessor’s consent under Article 3 of the instant lease agreement is nothing more than the pre-printed pre-printed text, and thus, it cannot be deemed as a genuine agreement between the original and the Defendant. Therefore, it is null and void.
Therefore, even though the defendant has a duty to cooperate in transferring the right of lease without the consent of the defendant around March 2016, when the plaintiff is under the term of lease pursuant to Paragraph (4) of the Clause of the Special Agreement, since the defendant did not perform the above obligation, thereby causing damage to the plaintiff, the defendant is liable to pay the damages
B. According to the reasoning of the judgment below, Gap evidence No. 1, the prohibition of transfer of a lessor's right of lease without the lessor's consent under Article 3 of the lease contract of this case is prohibited, and the fact that the above provision was printed in the same letter is recognized.
However, the contents of Article 3 of the lease contract of this case are stipulated in Article 629 of the Civil Act (Restriction on Assignment of Right of Lease and Sub-lease) ① A lessee may not transfer his right or sub-lease his object without the consent of a lessor.
(2) If the lessee violates the provisions of paragraph (1), the lessor may rescind the contract for the future.
It is nothing more than embodying the provisions on the prohibition of transfer of the right of lease without the consent of the lessor as prescribed by the law, which is printed in the same text even though the content of the agreement between the original and the defendant is not true.