beta
Text
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
1. In the first instance trial on the party members' claim for the principal lawsuit on the overdue charge payment, and the defendant combined the claim for the refund of the deposit and the claim for the premium in arrears. The principal lawsuit is dismissed, and the part of the claim for the refund of the deposit was partially accepted, and the part of the claim for the premium in the counterclaim was dismissed, and it is obvious that the defendant filed an appeal only for the part of the claim for the premium in the counterclaim.
Therefore, it is judged that only the part of the claim for premium among the counterclaim is subject to the judgment of the party members.
2. Judgment on the Defendant’s counterclaim claim
A. The Defendant, upon entering into a lease agreement on the attached building owned by the Plaintiff (hereinafter “instant building”), concluded a premium agreement with the Plaintiff and paid KRW 5 million for the premium. As the above lease agreement has been terminated, the Defendant asserts that the Plaintiff is obligated to return KRW 5 million for the premium received by the Plaintiff pursuant to Articles 10-3 through 10-4 of the Commercial Building Lease Protection Act, and sought five million for the Plaintiff.
B. (1) Payment of the premium, which is accompanied by the lease of a building for business purposes, is not a content of the lease agreement, and is not a content of the lease agreement, but is a transfer of tangible and intangible property value, such as tangible and intangible property, such as business facilities, fixtures, etc., or business interest arising from the location of the business, credit, business know-how, or store, or a cost for use for a given period. In the event that the premium was paid to the lessor from the lessee, the lessor is not obligated to return the premium unless the lease agreement is reached, and the lessee is incidental to the opportunity for the transfer or sub-lease of the right to lease, unless otherwise agreed.