건물인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the ground of the judgment of the court of first instance, except where the defendant added or emphasized the argument that the defendant added to or emphasized by the court of first instance, thereby citing it as is in accordance with the main sentence
2. Additional determination
A. On August 21, 2015, the Plaintiff succeeded to the lessor’s status of the instant lease by winning a successful bid for the instant building.
Nevertheless, the Plaintiff is obligated to compensate the Defendant for damages of KRW 60,000,000, which is equivalent to the premium, pursuant to Article 10-4(3) of the Commercial Building Lease Protection Act, since the Plaintiff interfered with the opportunity to recover KRW 60,000,000 from E, which the Defendant intended to act as a new lessee, to the Plaintiff.
② In addition, the Plaintiff, as a lessor, failed to perform his/her duty to repair the water leakage portion of the instant building. Accordingly, the Defendant could not use the instant building for the leased purposes after August 2015. Accordingly, pursuant to Article 750 of the Civil Act, the Defendant is obliged to compensate the Defendant for business suspension damage after August 2015, pursuant to Article 750 of the Civil Act.
③ Since the Defendant spent 29,650,000 won in aggregate as beneficial costs of the building of this case during the term of the instant lease, the Plaintiff is obligated to pay 29,650,000 won to the Defendant.
B. In light of the judgment, the evidence presented by the Defendant alone is insufficient to recognize that the Plaintiff succeeded to the status of a lessor of the instant lease, and there is no other evidence to acknowledge this otherwise.
Rather, in the event of a successful bid for the real estate for auction purpose, the right of lease registered or opposing power after the termination of the senior mortgage shall be extinguished together, and therefore, the successful bidder cannot be considered to be included in the transferee of the leased house as stipulated in Article 3 of the Housing Lease Protection Act, so the right of lease cannot be asserted against the successful bidder.