손해배상(기)
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. On November 2, 2008, the Plaintiff entered into a lease agreement with the Defendant, setting the term of lease from June 28, 2007 to June 27, 2009 (hereinafter “instant lease agreement”) to lease one store (hereinafter “instant store”) out of the building for the cross-rise building for wooden wood in Seoul Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “instant building”) owned by the Defendant, and concluded a special agreement with the Defendant that the Plaintiff does not recognize facility costs and the premium.
The instant lease agreement was renewed several times, and the term of lease was finally extended on April 27, 2016.
On February 12, 2016, the Defendant notified the Plaintiff of the refusal to renew the instant lease agreement after April 28, 2016.
[Grounds for Recognition: Evidence Nos. 3, 4, Eul Nos. 1 to 4, and the purport of the whole pleadings]
2. The assertion and judgment
A. The Plaintiff’s assertion: (a) agreed on March 22, 2016 to receive KRW 80,000 for the premium when concluding a contract for the transfer of the right to the instant store (facilities); (b) the Defendant refused to conclude a lease contract with D without justifiable grounds and obstructed the Plaintiff’s opportunity to recover the premium under Article 10-4(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”); (c) as such, the Defendant is obliged to pay KRW 80,000,000 for consolation money, which is equivalent to the agreed amount of the said premium pursuant to Article 10-4(3) of the Commercial Building Lease Protection Act, and Article 750 of the Civil Act, KRW 90,00,000 for consolation money under Article 750 of the Civil Act.
B. According to the above facts, the lease contract of this case exceeded five years, and in such a case, the Plaintiff cannot exercise the right to request renewal of the lease contract of this case pursuant to Article 10(2) of the Commercial Building Lease Act. If it is impossible to exercise the right to request renewal, the provision of Article 10-4(1) of the Commercial Building Lease Act cannot be applied for the following reasons. Thus, the Defendant is a commercial building.