건물명도
All appeals are dismissed.
The costs of appeal are assessed against each party.
The grounds of appeal are examined.
1. Article 10-3(1) of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Commercial Building Lease Protection Act”) provides that “The premium means the price for transfer or use of tangible and intangible property value, such as business facility expenses, things for business transaction, credit, business know-how, and business interest in accordance with the location of a commercial building by a lessor or a person who intends to operate a business or a person who intends to operate a business in a commercial building which is the object of the lease, such as a lessor and a lessee, in addition to deposit and rent, means the price for transfer or use of such tangible and intangible property value.”
Article 10-4 (1) main text of Article 10-4 (1) provides, “The lessor shall not interfere with receiving premiums from a person who wishes to become a new lessee arranged by the lessee according to the premium contract by doing any of the following acts from three months before the lease term expires until the termination of the lease,” and subparagraph 4 of Article 10-4 (1) provides, “Other acts of refusing to conclude a lease contract with a person arranged by the lessee as a new lessee by the lessee without justifiable grounds.”
On the other hand, the proviso of Article 10(1) provides that the lessor shall not be obliged to protect the opportunity to recover the premium in the event of a ground for refusal to renew the contract under each subparagraph of Article 10(1) by stating that “However, this shall not apply to a ground falling under any of the subparagraphs of Article 10(1).”
In light of the language, content, and legislative intent of Article 10-4 of the former Commercial Building Lease Act, in cases where a lessee is unable to exercise the right to request the renewal of a contract for more than five years pursuant to Article 10 (2) of the former Commercial Building Lease Act, the lessor shall be given an opportunity to recover the premium pursuant to Article 10-4 (1) of the same Act.