beta
Text
Of the judgment of the first instance, the part against the counterclaim defendant exceeding the amount ordered to be paid under the order shall be revoked, and
Reasons
1. The reasoning for this part of the judgment of the court is that the court added evidence Nos. 10 and No. 12 to the part on which the grounds for recognition under paragraph (1) of the judgment of the court of first instance are stated. Each “Counterclaim Plaintiff” in the third, second, seven, and first, the third, and the third, “Counterclaim Plaintiff” in the judgment of the court of first instance is deemed to be each “Counterclaim Plaintiff A,” and the third, first, “Counterclaim Plaintiff” in the first and second, are deemed to be “Counterclaim Plaintiff,” and therefore, it is identical to the part on the grounds of the judgment of the court of first, and thus, it is cited in accordance with
2. Judgment on the counterclaim
A. 1) The former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “Commercial Building Lease Act”) provides that “The Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018”);
According to Article 10-4, a lessor shall not interfere with receiving premiums from a person who wishes to become a new lessee arranged by a lessee pursuant to a premium contract by refusing to enter into a lease contract with a person who wishes to become a new lessee arranged by the lessee without justifiable grounds from three months before the lease term expires until the termination of the lease, and shall be liable to compensate the lessee for damages if the lessor violates this.
If a lessor acted as a new lessee without any justifiable reason and finally expresses his/her intention not to conclude the lease contract to the lessee, it would result in compelling the lessee to act as a new lessee even in such a case.
If there are such special circumstances, even if the lessee did not act as a new lessee, such refusal by the lessor constitutes the refusal under Article 10-4 (1) 4 of the Commercial Building Lease Act.
Therefore, the lessee is entitled to the lessor's premium pursuant to Paragraph 3 of the same Article.