임대차보증금
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. The grounds for admitting the judgment of the court of first instance, which the Plaintiff asserted in the trial while filing an appeal, are not significantly different from the allegations in the court of first instance, and the judgment of the court of first instance dismissing the Plaintiff’s claim even if each evidence and the result of pleading submitted in the court of first instance were neglected
Therefore, this court's reasoning, including the allegations and evidence of the parties added in the trial, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance, except for the further determination by supplementing the reasoning of the judgment of the first instance as stated in the following
2. Additional determination
A. 1) The Plaintiff asserts that whether to recognize the opposing power under the Commercial Building Lease Protection Act in business registration should be determined individually in accordance with social norms. The Defendant confirmed the report on the current status of real estate submitted in the instant auction procedure, the report on the current status of lease attached thereto, and the report on the current status of lease of commercial buildings (hereinafter “report on the current status of real estate, etc.”) and received the decision to permit the sale of the instant building in consideration of the deposit of the instant lease agreement, etc., and accordingly, E’s lease right under the instant lease agreement, etc. has the opposing power provided for in the Commercial Building Lease Protection Act.
However, as seen earlier, business registration, which is stipulated as the requirements for opposing power along with the delivery of a building under Article 3 (1) of the Commercial Building Lease Protection Act, has been prepared as a public announcement method that enables a third party to clearly recognize the existence of leasehold rights for the safety of transaction. Therefore, whether a business registration has the validity of public announcement of any lease can be recognized as the existence of the lessee in the relevant lease building by its business registration under the general social norms.