건물명도
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The first instance court rejected the Plaintiff’s claim for the surrender of the building against the Defendant, the principal domicile, on the ground that “the Defendant received KRW 650,000,000 from the Plaintiff, and at the same time, delivered a part of the part of the real estate indicated in the separate sheet Nos. 1, 2, 3, 4, and 1 among the real estate listed in the separate sheet Nos. 1, 2, 3, 4, and 1, connected the Plaintiff.” The lower court dismissed the Plaintiff’s claim for the remainder of the principal domicile against the Defendant and the Defendant’s counterclaim against the Plaintiff on the ground that it violated the protection of the opportunity
In this regard, the defendant appealed only against the counterclaim, and the scope of the judgment of this court is limited to the claim for damages on the ground that the defendant violated the opportunity to recover the premium of the counterclaim.
2. The reasoning for the court’s explanation on this part of the facts is as stated in the corresponding part of the reasoning of the judgment of the first instance, except for the addition of the following between the third and fourth parts of the judgment of the first instance. Thus, this part of the reasoning of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Article 2 (Scope of Application) (1) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Commercial Building Lease Protection Act") (1) This Act shall apply to lease (including cases where the main part of the leased object is used for business purposes) of commercial buildings (referring to buildings subject to business registration under Article 3 (1)).
Provided, That this shall not apply to lease the amount of security deposit exceeds that prescribed by Presidential Decree.
(2) The amount of security deposit under the proviso to paragraph (1) shall be determined by classifying it by area in consideration of economic conditions of the relevant area, the scale of lease object, etc., but if it is the difference other than the security deposit, it shall include the amount converted by the rate prescribed by Presidential Decree by taking into account the loan interest rate, etc. of banks under the Banking
(3) Paragraph (1).