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(영문) 의정부지방법원 2018.06.22 2017나3179

손해배상금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 4, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with a fixed term of 10,000,000 square meters for the left store of the first floor among the buildings located in Dong-si, Ma, the Plaintiff entered into a lease agreement with a fixed term of 2 years for a deposit of 10,00,000 square meters for the left store of the first floor (hereinafter “instant lease agreement”).

B. On November 19, 2014, the Defendant purchased the building from C and succeeded to the lessor’s status under the instant lease agreement.

C. On March 14, 2016, the Defendant sent to the Plaintiff a certificate of intent to renew the instant lease agreement, and the Plaintiff did not request the renewal of the contract by no later than May 3, 2016, which is the expiration date of the instant lease agreement.

The instant lease agreement was terminated on May 3, 2016 after the expiration of the period.

The Defendant returned the deposit to the Plaintiff, and the Plaintiff delivered the leased object to the Defendant.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 2 through 5, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is to receive KRW 10,00,000 for the premium from E, F, and G, which intends to become a new lessee three times, and the Defendant and the aforementioned E, F, and G arranged a lease agreement with each other. The Defendant demanded KRW 15,00,000 for the lease deposit and concluded a lease agreement.

The defendant is obliged to pay the plaintiff 10 million won and delay damages for damages as a result of the refusal to enter into a lease contract without justifiable grounds, such as demanding a new lessee to pay a significantly high rent and deposit.

B. 1) First, we examine whether the Defendant interfered with the opportunity to recover the premium from E and G. The Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

According to Article 10-4 (1), a lessor shall terminate the lease term for three months.