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(영문) 대구지방법원 2020.12.09 2020나308659

손해배상(기)

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

Basic Facts

On October 2016, the Plaintiff entered into a lease agreement with the Defendants and operated the H Licensed Real Estate Agent Office in the leased object from around that time.

(1) Object of lease: (2) Lease deposit with approximately KRW 29.75m2 on the south side of the store located on the first floor in Daegu Jung-gu. (10,000,000 (the remainder of KRW 1,000,000) ③ Rent: KRW 400,000 (Provided, That the amount of KRW 4,80,000 shall be paid in advance in advance each year). (4) From October 23, 2016 to October 22, 2018, the Plaintiff intended to renew the redevelopment agreement with the Defendants around September 18, 2018, on the ground that the Plaintiff consented to the renewal of the redevelopment agreement with the Plaintiff on the ground that the Plaintiff was the new lessee’s acquisition of rights and the transfer of rights (the Plaintiff was notified to the Plaintiff on September 8, 2018). However, the Plaintiff agreed to the new lessee’s acquisition of the right and the transfer of the leased property as at KRW 100,000,00.

The Plaintiff did not renew the contract upon the Defendants’ refusal, and delivered the instant real estate to the Defendants on October 22, 2018 at the expiration date of the lease term.

[Grounds for recognition] The plaintiff asserted that there was no dispute, Gap 1, 4 through 6, 10 to 12, and the purport of the whole pleadings, and the plaintiff asserted that the plaintiff paid 6 million won of premium to the non-party K of the former lessee in the course of concluding the lease agreement of this case. Upon delivery of the leased object, the plaintiff spent 3 million won of premium, such as a signboard installation, a short-heat construction, cost of household purchase, and cost of installing shocks.

In violation of Article 10-4(1) of the Commercial Building Lease Protection Act, the Defendants receive premiums from those who intend to become a new lessee.