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(영문) 서울고등법원 2014.05.01 2013나62034

임대차보증금반환

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The summary of the instant case is the case where the Plaintiff, a lessee under Article 111-2 (hereinafter “instant store”) of the Seodaemun-gu Seoul Building No. 111-2 (hereinafter “instant store”), purchased the instant store in the real estate auction procedure, and the Plaintiff concluded two lease agreements with the entire instant store as the object, and each of the above lease agreements with the opposing power with the public notification method under the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”), and the Defendant succeeds to the lessor’s status pursuant to the Commercial Building Lease Protection Act, asserting that the Defendant succeeds to the status of the lessor, and sought payment for the total amount of KRW 150 million and delay damages.

The first instance court dismissed the Plaintiff’s claim on the ground that the Plaintiff’s lease contract for the instant store is one lease contract with no difference of KRW 150 million, and that the Plaintiff’s business registration has two pharmacies with the pharmacy, and it is not a lawful method of public announcement in accordance with the Commercial Building Lease Act, and did not have any opposing power. The Plaintiff appealed against this.

2. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment that the Plaintiff’s business registration is not a lawful publication method under the Commercial Building Lease Act, and thus, it is identical to the reasoning of the judgment of the court of first instance, in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the plaintiff's appeal is dismissed as it is without merit.