건물인도
1. Of the part concerning the counterclaim in the judgment of the court of first instance, the amount equivalent to the following amount ordered to be paid.
1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420
2. Judgment on the counterclaim
A. 1) Defendant: (a) agreed on September 2015, the two-month period prior to the termination of the instant lease agreement; and (b) requested the Plaintiff to enter into a new lease agreement with D with D on the said agreement; (c) the Plaintiff was obstructed by refusing to enter into a new lease agreement with D on the ground of remodeling construction works; (d) the Defendant suffered damages. Accordingly, the Plaintiff is entitled to the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”).
(2) The Plaintiff entered into a design standard contract, etc. for substantial repair of the instant building instead of extending and maintaining the existing lease contract, on the ground that the instant building was likely to cause safety accidents, etc. as an old-age building for which 30 years have passed since its completion date.
Therefore, there is a justifiable reason that the plaintiff did not comply with the conclusion of the lease agreement with D.
B. Determination 1) The Commercial Building Lease Act prohibits a lessor from interfering with the lessee’s receipt of premium by refusing to enter into a lease agreement with a new lessee arranged by the lessee from three months before the lease term expires until the termination of the lease without justifiable grounds (Article 10-4(1)4); and where the lessor causes damages to the lessee in violation of the above provision, the lessor shall compensate for the damages; however, the amount of damages in this case shall not exceed the lower amount of the premium to be paid by the new lessee and the premium at the time of the termination of the lease (Article 10-4(3)).